Opinion
2201
November 13, 2003.
Judgment, Supreme Court, New York County (Charles Solomon, J. at hearing; Richard Carruthers, J. at jury trial and sentence), rendered November 14, 2001, convicting defendant, of robbery in the first degree (three counts) and attempted robbery in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of 20 years (three terms) and 10 years, unanimously affirmed.
Simon Whang, for respondent.
Jody Ratner, for defendnat-appellant.
Before: Nardelli, J.P., Tom, Ellerin, Lerner, Friedman, JJ.
The court properly denied defendant's suppression motion. The record, which includes the photographs of the lineup, supports the court's finding that the lineup participants were sufficiently similar in appearance so that defendant was not singled out for identification (see People v. Chipp, 75 N.Y.2d 327, 336, cert denied 498 U.S. 833).
The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see People v. Hayes, 97 N.Y.2d 203; People v. Walker, 83 N.Y.2d 455, 458-459; People v. Pavao, 59 N.Y.2d 282, 292). We note that the court precluded inquiry into the majority of defendant's numerous convictions.
We perceive no basis for reducing the sentence.
We have considered and rejected defendant's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.