Opinion
Submitted September 21, 2000.
October 16, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered March 4, 1998, convicting him of robbery in the second degree (two counts) and assault in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress physical evidence and identification testimony.
M. Sue Wycoff, New York, N.Y. (Jojo Annobil of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas S. Burka, and Scott J. Splittgerber of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The denial of suppression of both physical evidence and identification testimony is supported by the record (see, People v. Prochilo, 41 N.Y.2d 759; People v. Garth, 243 A.D.2d 726; People v. Gruttola, 43 N.Y.2d 116). The defendant's argument that the People failed to prove each element of the assault charge by legally sufficient evidence is unpreserved for appellate review. In any event, the contention is without merit (see, Penal Law § 120.05; People v. Voliton, 83 N.Y.2d 192; People v. Pierce, 201 A.D.2d 677).
The sentence was not excessive (see, People v. Broadie, 37 N.Y.2d 100).