Opinion
January 11, 2000
Judgment, Supreme Court, New York County (Michael Obus, J., at hearing; Ronald Zweibel, J., at jury trial and sentence), rendered December 5, 1996, convicting defendant of robbery in the first degree (two counts), robbery in the second degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to concurrent terms of 12 1/2 to 25 years, 12 1/2 to 25 years, 7 1/2 to 15 years, 7 1/2 to 15 years, and 3 1/2 to 7 years, unanimously affirmed.
Alice Wiseman for Respondent.
Cynthia Feathers for Defendant-Appellant.
WILLIAMS, J.P., MAZZARELLI, WALLACH, ANDRIAS, FRIEDMAN, JJ.
Defendant's suppression motion was properly denied. Defendant failed to establish that the suppression hearing evidence raised substantial issues about the suggestiveness of the lineup procedure requiring the testimony of the identifying witnesses (see, People v. Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.