Opinion
Argued October 30, 2001.
November 19, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered December 11, 1997, convicting him of murder in the second degree and burglary in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Wade, J.), of that branch of the defendant's omnibus motion which was to suppress identification testimony.
Andrew C. Fine, New York, N.Y. (Susan Epstein of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, SANDRA L. TOWNES, A. GAIL PRUDENTI, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the lineup procedure was not "so unnecessarily suggestive and conducive to irreparable mistaken identification that he was denied due process of law" (Stovall v. Denno, 388 U.S. 293, 302; see, People v. Logan, 25 N.Y.2d 184, cert denied 396 U.S. 1020).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is without merit.
RITTER, J.P., FEUERSTEIN, TOWNES and PRUDENTI, JJ., concur.