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THE PEOPLE, ETC., respondent, v. DAVID GARCIA, appellant.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the People established probable cause for his arrest. Therefore, that branch of his motion which was to suppress identification testimony as the product of an illegal arrest was properly denied (see, People v. Garcia, A.D.2d [decided herewith]). The defendant's contention that the Supreme Court's denial of his request for new assigned counsel violated his constitutional rights is without merit (see, People v. Garcia, A.D.2d [decided herewith]).

The defendant's sentence is not excessive (see, People v. Suitte, 90 A.D.2d 80).

O'BRIEN, J.P., ALTMAN, LUCIANO and ADAMS, JJ., concur.

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PEOPLE v. GARCIA
(Jun 18, 2001)