Opinion
October 3, 1988
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the judgment is affirmed.
There is no merit to the defendant's contention on appeal that the hearing court should have granted his motion to suppress certain lineup identification testimony. Reviewing the record made at the suppression hearing, without considering the evidence adduced at trial (see, People v Anderson, 127 A.D.2d 774, lv denied 69 N.Y.2d 947), we find that the lineup was not suggestive.
The defendant's argument that the People failed to prove his guilt beyond a reasonable doubt is equally untenable. 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 support the jury's determination. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15). Bracken, J.P., Lawrence, Kunzeman and Spatt, JJ., concur.