Opinion
March 1, 1999
Appeals from the County Court, Westchester County (Leavitt, J.).
Ordered that the judgments are affirmed.
Contrary to the defendant's contention, the hearing court properly denied those branches of his omnibus motions which were to suppress his statements to the police and identification testimony. The hearing evidence established that the defendant's videotaped confession and statements were voluntarily made ( see, People v. Di Fabio, 134 A.D.2d 918). Furthermore, although the court failed to make any finding regarding the allegedly prejudicial effect of displaying the defendant's photograph in two arrays, based on the testimony adduced at the hearing, we conclude that the procedure was not impermissibly suggestive ( see, People v. Neely, 219 A.D.2d 444; People v. Chapman, 161 A.D.2d 1156).
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
O'Brien, J. P., Sullivan, Joy and Krausman, JJ., concur.