Opinion
November 10, 1987
Appeal from the Niagara County Court, Hannigan, J.
Present — Callahan, J.P., Denman, Boomer, Green and Balio, JJ.
Judgment unanimously affirmed. Memorandum: The record at the suppression hearing supports the court's finding that the police had probable cause to arrest defendant without the necessity of a warrant. Thus, defendant's motion to suppress was properly denied (CPL 140.10 [b]; People v. Lombardi, 18 A.D.2d 177, affd 13 N.Y.2d 1014).
We find no merit to defendant's contention that the pretrial identification procedure was unduly suggestive (see, People v Love, 57 N.Y.2d 1023, 1024; People v. Brnja, 50 N.Y.2d 366, 372; People v. Smith, 38 N.Y.2d 882; People v. Blake, 35 N.Y.2d 331, 336-337; People v. Smith, 109 A.D.2d 1096, 1097-1098; People v Johnson, 102 A.D.2d 616, 627). From our review of the record, the evidence, although circumstantial, was legally sufficient to convict defendant of all charges.