Opinion
November 3, 1997
Appeal from the Supreme Court, Queens County (Dunlop, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contentions, the lineup was fair and not impermissibly suggestive (People v. Tinnen, 238 A.D.2d 615; People v. Bookman, 232 A.D.2d 498; People v. Biggs, 221 A.D.2d 649; People v. Pinckney, 220 A.D.2d 539; see also, People v. Chipp, 75 N.Y.2d 327, 336, cert denied 49 U.S. 833). Moreover, the record supports the hearing court's determination that defense counsel was given appropriate notice and a reasonable opportunity to attend the lineup (see, People v. Pena, 242 A.D.2d 545; People v McRae, 195 A.D.2d 180; cf., People v. LaClere, 76 N.Y.2d 670).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
O'Brien, J. P., Thompson, Santucci and McGinity, JJ., concur.