Opinion
September 28, 2000.
Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered May 19, 1998, convicting defendant, upon his plea of guilty, of attempted assault in the first degree, and sentencing him, as a second felony offender, to a term of 7 years, unanimously affirmed.
Jaime Bachrach, for respondent.
Adrienne M. Gantt, for defendant-appellant.
Before: Sullivan, P.J., Williams, Ellerin, Wallach, Friedman, JJ.
The court properly denied defendant's motion to suppress identification testimony. The People clearly established that defendant and the witness who identified him as the perpetrator had a relationship prior to the incident based on their residing in the same apartment, so that suggestiveness was not a concern (see, People v. Rodriguez, 79 N.Y.2d 445; People v. Tian Ziang, 25 3 A.D.2d 693, lv denied 92 N.Y.2d 1039).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.