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THE PEOPLE, etc., respondent, v. ALEXANDER SMITH, appellant. (Ind. No. 2825/96)

DECISION ORDER

ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by directing that the sentences imposed run concurrently with each other; as so modified, the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied his motion to suppress evidence of pretrial identifications (see, People v. Ortiz, 90 N.Y.2d 533; People v. Robert, 184 A.D.2d 597;People v. Lloyd, 108 A.D.2d 873, affd 66 N.Y.2d 964).

The sentence is excessive to the extent indicated.

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

THOMPSON, J.P., S. MILLER, FLORIO, and SCHMIDT, JJ., concur.

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PEOPLE v. SMITH
(Mar 17, 2000)