Opinion
778, 779, 779A
April 10, 2003.
Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered November 8, 1995, convicting defendant, upon his plea of guilty, of robbery in the first degree (two counts) and robbery in the second degree, and sentencing him, as a persistent violent felony offender, to three concurrent terms of 10 years to life, unanimously affirmed. Orders, same court and Justice, entered on or about August 2, 1999 and October 20, 2000, which, respectively, denied defendant's motions pursuant to CPL 440.10 to vacate the judgment of conviction and pursuant to CPL 440.20 to set aside his sentence, unanimously affirmed.
Sandra E. Cavazos, for respondent.
Jan Hoth-Uzzo Pro Se, for defendant-appellant.
Before: Tom, J.P., Mazzarelli, Ellerin, Lerner, Marlow, JJ.
The record supports the court's independent source finding. The victim's testimony established that he had an ample opportunity to observe defendant on two separate occasions and to identify him at trial based upon those observations (see People v. Owens, 74 N.Y.2d 677, 678;People v. Williams, 222 A.D.2d 149, lv denied 88 N.Y.2d 1072).
Defendant's post-conviction motions were properly denied. The record establishes that defendant was properly adjudicated a persistent violent felony offender.
We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.
Motion seeking leave to enlarge record granted and motion seeking leave to strike brief denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.