Majority
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bárbaro, J.), rendered March 5, 1998, convicting him of robbery in the first degree, upon a jury verdict, and impos
Ordered that the judgment is affirmed.
The hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress identification testimony (see, People v Clemons, 166 AD2d 363 ).
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it is legally sufficient to establish the defendant’s guilt beyond a reasonable doubt.
The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 ). Ritter, J. P., Altman, Luciano and Feuerstein, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 528
- People v. Suitte 90 AD2d 80 p. 528