Opinion
October 23, 1989
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
Initially, we note that the hearing court did not err in denying that branch of the defendant's omnibus motion which was to suppress identification testimony, as the evidence adduced established the reasonableness of the police conduct and the lack of suggestiveness (see, People v Logan, 25 N.Y.2d 184, cert denied 396 U.S. 1020; People v Jackson, 108 A.D.2d 757). Contrary to the defendant's contentions, there is no indication in the record that the witnesses were too medicated or traumatized to make an accurate identification. Further, the hearing court properly denied that branch of the defendant's motion which was to suppress the physical evidence seized from the basement of 682 Eastern Parkway (see, People v Eleby, 137 A.D.2d 708; People v Eleby, 137 A.D.2d 707).
Moreover, the trial court did not improvidently exercise its discretion in denying the defendant's application for a separate trial, since the defendant did not demonstrate why a joint trial would prejudice his substantial rights (see, People v Mahboubian, 74 N.Y.2d 174; People v McGee, 68 N.Y.2d 328).
In addition, the court correctly refused to charge the jury regarding voluntary intoxication, as the evidence of intoxication was so minimal that no reasonable person would have entertained a doubt as to the element of intent on that basis (see, People v Perry, 61 N.Y.2d 849; People v Eleby, 137 A.D.2d 708, supra).
After review of the record, and given the brutality of the crimes committed, we find no merit to the defendant's contention that the sentences imposed warrant reduction (see, People v Suitte, 90 A.D.2d 80; People v Notey, 72 A.D.2d 279).
We have considered the remaining contentions raised by the defendant and find them to be without merit. Mangano, J.P., Thompson, Eiber and Balletta, JJ., concur.