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People v. Brown

236 A.D.2d 549 Court N.Y. App. Div. Decision date 1997-02-18 English

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p. 549
The People of the State of New York, Respondent, v Howard L. Brown, Appellant.
[654 NYS2d 630]

—Appeal by the

p. 550
defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered April 22, 1994, convicting him of robbery in the first degree and criminal possession of a weapon in the third 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 identification testimony.

Ordered that the judgment is affirmed.

We find no merit in the contention that the victim’s in-court identification of the defendant should be suppressed. Although the showup identification was overly suggestive, the victim identified the defendant in court based on a sufficiently established independent source (see, People v Ballot, 20 NY2d 600 ).

Contrary to the defendant’s further contention, his prior plea of guilty to attempted robbery in the second degree was a constitutionally obtained predicate conviction and, hence, it served as a proper basis upon which to sentence him as a persistent violent felony offender (see, People v Moore, 71 NY2d 1002 ).

We have reviewed the defendant’s remaining contentions and find them to be without merit. Rosenblatt, J. P., Ritter, Copertino and Krausman, JJ., concur.

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