Opinion
April 21, 1997
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered February 6, 1995, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed.
Contrary to the defendant's claim, there was ample support in the record for the hearing court's denial of that branch of the defendant's omnibus motion which was to suppress physical evidence. As the hearing court concluded, the complainant's identification of the defendant during a neighborhood canvass provided a sufficient basis for the officer to stop the defendant in order to conduct an investigative inquiry (see, People v Hollman, 79 N.Y.2d 181; People v. Johnson, 220 A.D.2d 455). Further, there was probable cause to arrest the defendant when the complainant, after having a better look at the defendant, again identified him as the robber (see, People v. Banks, 151 A.D.2d 491; People v. McCain, 134 A.D.2d 623). Accordingly, the evidence seized from the defendant upon the search incident to the lawful arrest was not subject to suppression.
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. O'Brien, J.P., Altman, Friedmann and Krausman, JJ., concur.