Opinion
November 16, 1999
Judgment, Supreme Court, New York County (Renee White, J.), rendered September 4, 1 996, convicting defendant, after a jury trial, of two counts of robbery in the first degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 25 years to life, unanimously affirmed.
Eleanor J. Ostrow for Respondent.
Robert E. Carrigan for Defendant-Appellant.
ELLERIN, P.J., ROSENBERGER, NARDELLI, LERNER, ANDRIAS, JJ.
The court properly denied defendant's motion to suppress identification testimony. The record supports the court's determination that the delay in defendant's arraignment was not for the purpose of depriving him of his right to counsel at the lineup in question (People v. Fisher, 199 A.D.2d 279, lv denied 82 N.Y.2d 924; see also, People v. Braxton, 234 A.D.2d 50, lv denied 89 N.Y.2d 1089; People v. Jones, 224 A.D.2d 334, lv denied 88 N.Y.2d 937).
Defendant's motion to dismiss the second count of the indictment was properly denied. This count, together with the People's voluntary discovery form, provided defendant with sufficient information regarding the nature of the charge against him and the conduct underlying it to allow him to prepare a defense and was also sufficient to prevent a subsequent prosecution on the same charge (see, People v. Morris, 61 N.Y.2d 290; People v. Iannone, 45 N.Y.2d 589).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.