PEOPLE v. LIVOTTI

ORDERED that the judgment is affirmed.

The record of the Rodriguez hearing (see People v. Rodriguez, 79 N.Y.2d 445), supports the hearing court's determination that the jewelry store worker who purchased jewelry from the defendant on several occasions was sufficiently familiar with him that her identification of him from a photograph was merely confirmatory (see People v. Rodriguez, supra; People v. Gissendanner, 48 N.Y.2d 543; People v. Simmons, 247 A.D.2d 494; People v. Ortega, 237 A.D.2d 108).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit.

SMITH, J.P., GOLDSTEIN, FRIEDMANN and McGINITY, JJ., concur.