Opinion
Argued January 21, 2000
February 28, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrero, J.), rendered July 30, 1997, convicting him of robbery in the first degree, robbery in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence and identification testimony.
M. Sue Wycoff, New York, N.Y. (Amy K. Schiava of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Howard A. Getzler of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., DANIEL W. JOY, ANITA R. FLORIO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The hearing court properly denied suppression of the gun at issue, the proceeds of the robbery, and the identification testimony of the complainant (see, People v. Leung, 68 N.Y.2d 734 ; People v. Petralia, 62 N.Y.2d 47, cert denied 469 U.S. 852; People v. Howard, 50 N.Y.2d 583, cert denied 449 U.S. 1023; People v. Walker, 236 A.D.2d 491 ).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.