People v. Dolan

Appeal by the defendant from a judgment of the County Court, Suffolk County (Jones, J.), rendered January 5, 1994, convicting him of criminal trespass in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, “[t]he motion court properly declined to suppress the identification evidence. Since, in their seated positions, [the] defendant and the fillers…