record fully supports hearing in New York

1989Contrary to his contention, we find that the record fully supports the hearing court’s conclusion that two of the robbery victims had ample opportunity in which to view the defendant during the perpetration of the crime, thus providing an independent basis for these victims’ subsequent in-court identification testimony (see, People v Pleasant, 54 NY2d 972 , cert denied 455 US 924 ; People v Ballott, 20 NY2d 600 ; People v Rodriguez, 143 AD2d 109 ).

1988Moreover, the record fully supports the hearing court’s determination that the complainant had an independent source for his recollection of the defendant upon which to base an in-court identification (see, Manson v Brathwaite, 432 US 98 ; People v Ballott, 20 NY2d 600 ).

2005We conclude that there was nothing before the plea court that would obligate it to conduct a competency hearing on its own motion (see CPL 730.30 [2]; People v Tortorici, 92 NY2d 757 [1999], cert denied 528 US 834 [1999]).

2005We conclude that there was nothing before the plea court that would obligate it to conduct a competency hearing on its own motion (see CPL 730.30 [2]; People v Tortorici, 92 NY2d 757 [1999], cert denied 528 US 834 [1999]).

2005Furthermore, any purported error in the admission of the relevant testimony was harmless beyond a reasonable doubt in light of the overwhelming evidence of the defendant’s guilt (see People v Harris, 80 NY2d 796 [1992]; People v Christie, 18 AD3d 770 [2005], lv denied 5 NY3d 760 [2005]).

2005Furthermore, any purported error in the admission of the relevant testimony was harmless beyond a reasonable doubt in light of the overwhelming evidence of the defendant’s guilt (see People v Harris, 80 NY2d 796 [1992]; People v Christie, 18 AD3d 770 [2005], lv denied 5 NY3d 760 [2005]).

2005Furthermore, any purported error in the admission of the relevant testimony was harmless beyond a reasonable doubt in light of the overwhelming evidence of the defendant’s guilt (see People v Harris, 80 NY2d 796 [1992]; People v Christie, 18 AD3d 770 [2005], lv denied 5 NY3d 760 [2005]).

1990Contrary to the defendant’s contentions, the record fully supports the hearing court’s conclusion that he knowingly and voluntarily waived his Miranda rights before making any inculpatory statements to the police (see, People v Burke, 146 AD2d 706 ; People v Shirley, 123 AD2d 407 ; People v Armstead, 98 AD2d 726 ).

1990In the circumstances presented, a reasonable person, innocent of any crime, would not have thought that he was in custody (see, People v Yukl, 25 NY2d 585, 589 , cert denied 400 US 851 ; People v Tucker, 140 AD2d 887, 890 , Iv denied 72 NY2d 913 ; People v Baird, 111 AD2d 1044 , Iv denied 66 NY2d 761 ).

1990Contrary to the defendant’s contentions, the record fully supports the hearing court’s conclusion that he knowingly and voluntarily waived his Miranda rights before making any inculpatory statements to the police (see, People v Burke, 146 AD2d 706 ; People v Shirley, 123 AD2d 407 ; People v Armstead, 98 AD2d 726 ).

1990With respect to the defendant’s contention that his inculpatory statements should have been suppressed because he was unable to read or understand the English language, the record fully supports the hearing court’s determination that the defendant had sufficient command of the English language to comprehend and waive his Miranda rights (see, People v Sirno, 151 AD2d 621 ; People v Zuluaga, 148 AD2d 480 ).

1990With respect to the defendant’s contention that his inculpatory statements should have been suppressed because he was unable to read or understand the English language, the record fully supports the hearing court’s determination that the defendant had sufficient command of the English language to comprehend and waive his Miranda rights (see, People v Sirno, 151 AD2d 621 ; People v Zuluaga, 148 AD2d 480 ).

1990In the circumstances presented, a reasonable person, innocent of any crime, would not have thought that he was in custody (see, People v Yukl, 25 NY2d 585, 589 , cert denied 400 US 851 ; People v Tucker, 140 AD2d 887, 890 , Iv denied 72 NY2d 913 ; People v Baird, 111 AD2d 1044 , Iv denied 66 NY2d 761 ).

1990The fact that the State Police were informed by the defendant’s father in August 1984 that the defendant would not take a polygraph examination on the advice of an attorney, was insufficient to provide actual notice to the police in December 1984 that the defendant was represented by counsel, particularly where no attorney had contacted the police on his behalf (see, People v Lucarano, 61 NY2d 138 ; cf., People v Curatolo, 76 AD2d 524 ).

1990Contrary to the defendant’s contentions, the record fully supports the hearing court’s conclusion that he knowingly and voluntarily waived his Miranda rights before making any inculpatory statements to the police (see, People v Burke, 146 AD2d 706 ; People v Shirley, 123 AD2d 407 ; People v Armstead, 98 AD2d 726 ).

1990In the circumstances presented, a reasonable person, innocent of any crime, would not have thought that he was in custody (see, People v Yukl, 25 NY2d 585, 589 , cert denied 400 US 851 ; People v Tucker, 140 AD2d 887, 890 , Iv denied 72 NY2d 913 ; People v Baird, 111 AD2d 1044 , Iv denied 66 NY2d 761 ).

1990In the circumstances presented, a reasonable person, innocent of any crime, would not have thought that he was in custody (see, People v Yukl, 25 NY2d 585, 589 , cert denied 400 US 851 ; People v Tucker, 140 AD2d 887, 890 , Iv denied 72 NY2d 913 ; People v Baird, 111 AD2d 1044 , Iv denied 66 NY2d 761 ).

1990Under the circumstances herein, the record fully supports the hearing court’s determination to deny the defendant’s application (see, Matter of Brescia v Fitts, 56 NY2d 132 ; Matter of Boden v Boden, 42 NY2d 210 ).

1990The fact that the State Police were informed by the defendant’s father in August 1984 that the defendant would not take a polygraph examination on the advice of an attorney, was insufficient to provide actual notice to the police in December 1984 that the defendant was represented by counsel, particularly where no attorney had contacted the police on his behalf (see, People v Lucarano, 61 NY2d 138 ; cf., People v Curatolo, 76 AD2d 524 ).

1990Under the circumstances herein, the record fully supports the hearing court’s determination to deny the defendant’s application (see, Matter of Brescia v Fitts, 56 NY2d 132 ; Matter of Boden v Boden, 42 NY2d 210 ).

1989Contrary to his contention, we find that the record fully supports the hearing court’s conclusion that two of the robbery victims had ample opportunity in which to view the defendant during the perpetration of the crime, thus providing an independent basis for these victims’ subsequent in-court identification testimony (see, People v Pleasant, 54 NY2d 972 , cert denied 455 US 924 ; People v Ballott, 20 NY2d 600 ; People v Rodriguez, 143 AD2d 109 ).

1989Contrary to his contention, we find that the record fully supports the hearing court’s conclusion that two of the robbery victims had ample opportunity in which to view the defendant during the perpetration of the crime, thus providing an independent basis for these victims’ subsequent in-court identification testimony (see, People v Pleasant, 54 NY2d 972 , cert denied 455 US 924 ; People v Ballott, 20 NY2d 600 ; People v Rodriguez, 143 AD2d 109 ).

1989Contrary to his contention, we find that the record fully supports the hearing court’s conclusion that two of the robbery victims had ample opportunity in which to view the defendant during the perpetration of the crime, thus providing an independent basis for these victims’ subsequent in-court identification testimony (see, People v Pleasant, 54 NY2d 972 , cert denied 455 US 924 ; People v Ballott, 20 NY2d 600 ; People v Rodriguez, 143 AD2d 109 ).

1988The defendant has failed to preserve for appellate review his claim that he was denied a fair trial as a result of the detective’s testimony regarding the circumstances surrounding the lineup identification by the complainant (CPL 470.05; see, People v Holt, 67 NY2d 819 ; People v Walker, 125 AD2d 732 ).

1988Furthermore, although the photographic identification may well have been tainted, suppression of the witness’s in-court identification was not warranted since the record fully supports the hearing court’s determination that the witness had an adequate independent recollection of the defendant upon which to base the in-court identification (see, People v Ballott, 20 NY2d 600 ; People v Ortiz, 134 AD2d 624 , lv denied 71 NY2d 900 ).

1988Finally, we note that while some of the prosecutor’s comments regarding the defendant’s alibi might have been better left unsaid, they did not deprive him of a fair trial (see, People v Roopchand, 107 AD2d 35 , affd 65 NY2d 837 ).

1988Moreover, the record fully supports the hearing court’s determination that the complainant had an independent source for his recollection of the defendant upon which to base an in-court identification (see, Manson v Brathwaite, 432 US 98 ; People v Ballott, 20 NY2d 600 ).

1987Furthermore, although we find that the photographic identification of the defendant by three witnesses may well have been tainted, the suppression of their identification testimony was not warranted since the record fully supports the hearing court’s determination that each witness had an adequate independent recollection of the defendant upon which to base an in-court identification (see, People v Ballott, 20 NY2d 600 ; People v Spano, 118 AD2d 884 ).