Opinion
July 28, 1997
Appeal from the Supreme Court, Queens County (Lewis, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the People satisfied their initial burden of establishing that the pretrial identification of the defendant was not unduly suggestive (see, People v. Chipp, 75 N.Y.2d 327, 335, cert denied 498 U.S. 833; cf., People v. Jones, 157 A.D.2d 487). Since the defendant failed to bear his burden of proving that the procedure was unduly suggestive, the hearing court properly denied his motion to suppress the pretrial identification (see, People v. Chipp, supra).
The trial court did not improvidently exercise its discretion in denying the defendant youthful offender status (see, People v Lee, 154 A.D.2d 399).
The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80).
Ritter, J. P., Sullivan, Santucci and McGinity, JJ., concur.