Opinion
Argued February 22, 2000
March 30, 2000
Appeal by the defendant from (1) an amended judgment of the Supreme Court, Queens County (Dunlop, J.), rendered June 13, 1997, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal possession of a weapon in the third degree, under Indictment No. 1003/95, and (2) a judgment of the same court (Lewis, J.), rendered June 18, 1997, convicting him of robbery in the first degree, robbery in the second degree (two counts), and criminal possession of a weapon in the fourth degree, under Indictment No. 72/96, after a nonjury trial, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Jay L. Weiner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, Lisa Drury, and Peter Mason of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, THOMAS R. SULLIVAN, NANCY E. SMITH, JJ. DECISION ORDER
ORDERED that the amended judgment and the judgment are affirmed.
The defendant's contention that negative identification evidence was improperly admitted is unpreserved for appellate review (see, CPL 470.05[2]; People v. Wilder, 93 N.Y.2d 352 ;People v. Bolden, 58 N.Y.2d 741 ), and we decline to reach the issue in the exercise of our interest of justice jurisdiction.
O'BRIEN, J.P., RITTER, SULLIVAN, and SMITH, JJ., concur.