Opinion
June 27, 1994
Appeal from the County Court, Dutchess County (King, J.).
Ordered that the judgment is affirmed.
The People were not required to serve the defendant with a notice pursuant to CPL 710.30. Neither Investigator Joseph nor Trooper Hilts had participated in a pretrial identification procedure within the meaning of that statute (see, People v Rodriguez, 79 N.Y.2d 445, 450; People v. Gissendanner, 48 N.Y.2d 543, 552; People v. McClane, 149 A.D.2d 536; People v. Crespo, 111 A.D.2d 251).
The defendant's sentence was not excessive and should not be disturbed (see, People v. Suitte, 90 A.D.2d 80).
We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.