People v. Capel

—Judgment, Supreme Court, New York County (Rena Uviller, J., at hearing; Daniel FitzGerald, J., at trial and sentence), rendered April 17, 1991, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of IVi to 15 years, unanimously affirmed.

Defendant’s motion to suppress identification testimony was properly denied. When defendant unexpectedly appeared, and was spontaneously identified, in an apartment where the police and complainant had gone in search of the codefendant, there was…