People v. Thomas

213 A.D.2d 295, 624 N.Y.S.2d 828, 1995 N.Y. App. Div. LEXIS 3027

Opinion

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered December 16, 1992, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

The police properly detained defendant two blocks away from complainant’s apartment, and within minutes of the crime, based upon a sufficiently detailed description of the burglar previously broadcast over the police radio. The victim was transported to where defendant was being detained and identified him. (See, People v Hicks, 68 NY2d 234.) Accordingly, defendant’s motion to suppress identification testimony was properly denied (see, People v Perkins, 174 AD2d 433, lv denied 78 NY2d 972). We have reviewed appellant’s other contentions and find them to be without merit. Concur—Rosenberger, J. P., Wallach, Kupferman, Asch and Tom, JJ.