Appellate Division of the Supreme Court of New York, 1999

People v. Graham

People v. Graham
Appellate Division of the Supreme Court of New York · Decided May 3, 1999
261 A.D.2d 413; 688 N.Y.S.2d 890; 1999 N.Y. App. Div. LEXIS 4458
People v. Graham

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered November 8, 1996, convicting him of robbery in the first degree, robbery in the second degree, and criminal possession of a weapon 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 testimony.

*414Ordered that the judgment is affirmed.

Contrary to the defendant’s assertions on appeal, the lineup procedure was not unduly suggestive (see, People v Chipp, 75 NY2d 327, cert denied 498 US 833; People v Gelzer, 224 AD2d 443; People v Bookman, 232 AD2d 498).

The sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Ritter, J. P., Friedmann, McGinity and Smith, JJ., concur.

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