Majority
Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered May 13, 1996, convicting him of attempted robbery in the first degree and attempted robbery in the second 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 evidence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the hearing court correctly found that the police had probable cause to effect his warrantless arrest (see, People v Bigelow, 66 NY2d 417 ; People
Having failed to raise the issue of repugnancy of the. verdict prior to the dismissal of the jury, the defendant’s claim is unpreserved for appellate review (see, People v Alfaro, 66 NY2d 985 ; People v Cabrera, 221 AD2d 461 ). In any event, the jury’s verdict convicting him of attempted robbery in the first and second degrees but convicting his codefendant only of attempted robbery in the second degree was not repugnant in light of the court’s jury charge (see, People v Tucker, 55 NY2d 1 ; People v Furman, 224 AD2d 188 ; People v Collado, 187 AD2d 444 ).
The defendant’s remaining contentions lack merit (see, People v Vasquez, 88 NY2d 561 ; People v Brown, 70 NY2d 513 ; People v Galloway, 54 NY2d 396 ; People v Edwards, 47 NY2d 493 ; People v Ashwal, 39 NY2d 105 ).
Rosenblatt, J. P., Miller, Ritter and Krausman, JJ., concur.
Cases cited
- People v. Bigelow 66 NY2d 417 p. 639
- People v. McRay 51 NY2d 594 p. 640
- People v. Carrasquillo 54 NY2d 248 p. 640
- People v. Cunningham 135 AD2d 725 p. 640
- People v. Gittens 211 AD2d 242 p. 640
- People v. Alfaro 66 NY2d 985 p. 640
- People v. Tucker 55 NY2d 1 p. 640
- People v. Vasquez 88 NY2d 561 p. 640
- People v. Brown 70 NY2d 513 p. 640
- People v. Galloway 54 NY2d 396 p. 640
- People v. Edwards 47 NY2d 493 p. 640
- People v. Ashwal 39 NY2d 105 p. 640