People v. Garcia

270 A.D.2d 498, 706 N.Y.S.2d 879, 2000 N.Y. App. Div. LEXIS 3152

Opinion

—Appeal by the defendant from (1) an amended judgment of the Supreme Court, Queens County (Dunlop, J.), rendered June 13, 1997, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal possession of a weapon in the third degree, under Indictment No. 1003/95, and (2) a judgment of the same court (Lewis, J.), rendered June 18, 1997, convicting him of robbery in the first degree, robbery in the second degree (two counts), and criminal possession of a weapon in the fourth degree, under Indictment No. 72/96, after a nonjury trial, and imposing sentence.

Ordered that the amended judgment and the judgment are affirmed.

The defendant’s contention that negative identification evidence was improperly admitted is unpreserved for appellate review (see, CPL 470.05 [2]; People v Wilder, 93 NY2d 352; People v Bolden, 58 NY2d 741), and we decline to reach the issue in the exercise of our interest of justice jurisdiction. O’Brien, J. P., Ritter, Sullivan and Smith, JJ., concur.