People v. Hatcher

247 A.D.2d 265, 667 N.Y.S.2d 902, 1998 N.Y. App. Div. LEXIS 1401

Opinion

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered February 24, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

The court properly denied defendant’s motion to suppress identification testimony without a hearing because the People sufficiently established a prior relationship between the witness and defendant (see, People v Rodriguez, 79 NY2d 445), and defendant did not dispute the People’s contentions (People v Estrada, 241 AD2d 378, lv denied 90 NY2d 1011).

We perceive no abuse of sentencing discretion.

Concur— Milonas, J. P., Ellerin, Williams and Tom, JJ.