Opinion
Submitted June 28, 1999
October 21, 1999
David Louis Cohen, Kew Gardens, N.Y. (Barry A. Schwartz on the brief), for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Denise Pavlides of counsel), for respondent.
DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered August 23, 1996, convicting him of robbery in the second degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Gulotta, J.), of that branch of the defendant's omnibus motion which was to suppress identification testimony.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find that it was legally sufficient to establish that, in the course of the commission of the crime of robbery in the second degree, the defendant caused the complainant physical injury (see, Penal Law §§ 160.10[2][a]; 10.00[9]; People v. Spence, 251 A.D.2d 604 ).
The defendant's remaining contentions are without merit.
RITTER, J.P., KRAUSMAN, FLORIO, and FEUERSTEIN, JJ., concur.