Opinion
March 8, 2001.
Judgment, Supreme Court, New York County (Rena Uviller, J. on suppression motion; John Stackhouse, J. at nonjury trial and sentence), rendered June 5, 1998, convicting defendant of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3½ to 7 years, unanimously affirmed.
Kenneth S. Levine, for respondent.
Camilla B. Taylor, for defendant-appellant.
Before: Sullivan, P.J., Rosenberger, Mazzarelli, Buckley, Friedman, JJ.
The court's summary denial of defendant's suppression motion was proper. Reading defendant's motion papers as a whole, as defendant asks this Court to do, we conclude that defendant conceded that he was arrested on the basis of a complaint by an identified citizen-witness who spoke from personal knowledge (see, People v. Parris, 83 N.Y.2d 342, 349-350). Defendant's assertion that the complainant's version of the incident was untruthful did not raise a factual issue as to probable cause, since it did not go to the sufficiency of the information possessed by the police (compare, People v. Hightower, 85 N.Y.2d 988).
As to the evidence challenged by defendant as hearsay, we find that it could not have affected the verdict (see, People v. Maher, 89 N.Y.2d 456, 462), particularly since this was a nonjury trial (see, People v. Moreno, 70 N.Y.2d 403, 406).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.