Majority
— Judgment unanimously affirmed. Memorandum: The record at the suppression hearing supports the court’s finding that the police had probable cause to arrest defendant without the necessity of a warrant. Thus, defendant’s motion to suppress was properly denied (CPL 140.10 [1] [b]; People v Lombardi, 18 AD2d 177 , affd 13 NY2d 1014 ).
We find no merit to defendant’s contention that the pretrial identification procedure was unduly suggestive (see, People v Love, 57 NY2d 1023 , 1024; People v Brnja, 50 NY2d 366 , 372; People v Smith, 38 NY2d 882 ; People v Blake, 35 NY2d 331 , 336-337; People v Smith, 109 AD2d 1096 , 1097-1098; People v Johnson, 102 AD2d 616 , 627). From our review of the record, the evidence, although circumstantial, was legally sufficient to convict defendant of all charges. (Appeal from judgment of Niagara County Court, Hannigan, J. — burglary, third degree, and other offenses.) Present — Callahan, J. P., Denman, Boomer, Green and Balio, JJ.
Cases cited
- People v. Lombardi 18 AD2d 177 p. 924
- People v. Lombardi 13 NY2d 1014 p. 924
- People v. Love 57 NY2d 1023 at 1024 p. 924
- People v. Brnja 50 NY2d 366 at 372 p. 924
- People v. Smith 38 NY2d 882 p. 924
- People v. Blake 35 NY2d 331 at 336-337 p. 924
- People v. Smith 109 AD2d 1096 at 1097-1098 p. 924
- People v. Johnson 102 AD2d 616 at 627 p. 924