Opinion
2356.
December 2, 2003.
Judgment, Supreme Court, New York County (James Yates, J. at suppression hearing; Edward McLaughlin, J. at jury trial and sentence), rendered September 12, 2000, convicting defendant of criminal sale of a controlled substance in the third degree, criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 11 years, unanimously affirmed.
Dana Poole for Respondent.
Paul Wiener for Defendant-Appellant.
Before: Buckley, P.J., Saxe, Ellerin, Marlow, Gonzalez, JJ.
Defendant received effective assistance of counsel ( see People v. Benevento, 91 N.Y.2d 708, 713-714; see also Strickland v. Washington, 466 U.S. 668). Defendant has not established that his attorney's failure to argue, at the suppression hearing, that the confirmatory police identification should be suppressed as the product of an unlawful seizure deprived him of a fair trial or affected the outcome of the proceedings ( see People v. Hobot, 84 N.Y.2d 1021, 1024).
Defendant's remaining contention is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would reject it.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.