| People v Alleyne |
| 2015 NY Slip Op 03854 [128 AD3d 715] |
| May 6, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Randy Alleyne, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Jenin Younes of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, SholomJ. Twersky, and Grant MacQueen of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Ingram, J.), rendered August 6, 2012, convicting him of attempted assault in the firstdegree 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(Dowling, J.), of that branch of the defendant's omnibus motion which was to suppressidentification testimony.
Ordered that the judgment is affirmed.
The Supreme Court properly denied that branch of the defendant's omnibus motionwhich was to suppress the complainant's identification testimony. The evidencepresented at the hearing established that the complainant was sufficiently familiar withthe defendant to render his photographic and showup identifications merely confirmatory(see People v Dash, 50AD3d 914, 915 [2008]; People v Stapleton, 41 AD3d 744 [2007]; People v Whiting, 35 AD3d637, 638 [2006]).
The defendant's contentions regarding the propriety of the prosecutor's comments insummation are unpreserved for appellate review and, in any event, the comments did notdeprive the defendant of a fair trial and do not warrant reversal.
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Skelos, J.P., Dillon, Austin and Hinds-Radix, JJ., concur.