People v. Burwell

*305Judgment, Supreme Court, New York County (Carol Berk-man, J.), rendered July 13, 2005, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life, unanimously affirmed.

The court properly denied defendant’s motion to suppress identification testimony. The identifying witness led the police into a basement in search of an intruder, and the police arrested defendant in the witness’s presence. Even assuming that the witness’s viewing of defendant in custody moments later…