Opinion
September 8, 1997
Appeal from the Supreme Court, Kings County (Koch, J.).
Ordered that the judgment is affirmed.
While riding on the subway, the complainant was robbed at knifepoint by the defendant and his two cohorts. At trial, the conductor identified the defendant as one of the three teenage boys she saw escaping between the cars after the robbery. Contrary to the defendant's contention, the prosecution's failure to serve the pretrial notice required by CPL 710.30 (1) (b) does not warrant a reversal in this case.
Since the defendant moved to suppress the identification testimony and received a full hearing on the fairness of the identification procedure, any alleged deficiency in the pretrial notice provided by the People was irrelevant ( see, People v Kirkland, 89 N.Y.2d 903; CPL 710.30).
The defendant's sentence was not excessive ( People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
O'Brien, J.P., Sullivan, Altman and McGinity, JJ., concur.