People v. Baptiste

248 A.D.2d 479, 668 N.Y.S.2d 923, 1998 N.Y. App. Div. LEXIS 2263

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered December 8, 1995, convicting him of robbery in the first degree and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the “point-out” identification at issue was a witness-initiated procedure (see, People v Flores, 232 AD2d 654; People v Burgos, 219 AD2d 504; cf, People v Dixon, 85 NY2d 218). Thus, the People are not required to provide notice pursuant to CPL 710.30 that they intend to present evidence of the identification at trial (see, People v Burgos, supra).

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.

Rosenblatt, J. P., O’Brien, Ritter and Goldstein, JJ., concur.