| People v Pitts |
| 2007 NY Slip Op 10556 [46 AD3d 923] |
| December 26, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Ishawn Pitts, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and ShulamitRosenblum of counsel; Seth Zuckerman on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.),rendered November 8, 2000, convicting him of robbery in the first degree, upon a jury verdict,and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branchof the defendant's omnibus motion which was to suppress identification testimony.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the hearing court properly denied that branch of hisomnibus motion which was to suppress identification testimony. With regard to the lineupconducted on February 25, 2000, upon our examination of the lineup photograph, we agree withthe hearing court that this lineup was not unduly suggestive (see People v Chipp, 75NY2d 327, 336 [1990], cert denied 498 US 833 [1990]; People v Richards, 2 AD3d 883[2003]). Moreover, as to the lineup conducted on August 16, 2000, although the photographprovided to this Court does not accurately depict that lineup, the other testimony and evidence inthe record demonstrate that the procedures utilized were not impermissibly suggestive (seePeople v Brennan, 222 AD2d 445 [1995]).
The defendant's remaining contentions are without merit. Crane, J.P., Rivera, Florio andBalkin, JJ., concur.