Opinion
December 16, 1996.
Appeal by the defendant from (1) a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered September 8, 1994, convicting him of robbery in the first degree, under Indictment No. 696/94, upon a jury verdict, and imposing sentence, and (2) an amended judgment of the same court, also rendered September 8, 1994, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment, under Indictment No. 672/91. The appeal from the judgment rendered on Indictment No. 696/94 brings up for review the denial, after a hearing (Pitaro, J.), of those portions of the defendant's omnibus motion which were to suppress physical evidence, identification testimony, and his statements to law enforcement authorities.
Before: Bracken, J.P., Pizzuto, Santucci and Friedmann, JJ.
Ordered that the judgment and the amended judgment are affirmed.
Contrary to the defendant's contentions, his arrest was based on probable cause ( see, People v Carrasquillo, 54 NY2d 248; People v McKethan, 225 AD2d 800), and the lineup in which he participated was not impermissibly suggestive ( see, People v Chipp, 75 NY2d 327).
The remaining issue, regarding the prosecutor's summation, is partially unpreserved for appellate review and, in any event, involves harmless error ( see, People v Crimmins, 36 NY2d 230, 241-242).
Since the defendant's violation of probation under Indictment No. 672/91 was based upon his conviction under Indictment No. 696/94, his probation was properly revoked and an amended sentence of imprisonment was properly imposed.