Defendant and an accomplice robbed a limousine chauffeur at gunpoint. An acquaintance of the victim followed the perpetrators, keeping them within sight, until he could alert police patrol officers who immediately apprehended defendant. The codefendant was arrested after a chase, during which he discarded a handgun, which was recovered. The victim and a witness, Pena, made confirmatory identifications within minutes of the arrest.
Viewing the evidence in the light most favorable to the People, and giving due deference to the jury's findings of credibility under the standards set forth in People v. Bleakley ( 69 N.Y.2d 490), defendant's guilt was proved beyond a reasonable doubt by overwhelming evidence, and the verdict was not against the weight of the evidence. The identification procedure was conducted in a manner proximate in time and location to the crime and defendant's apprehension. In the circumstances, it was not impermissibly suggestive (see, People v. Duuvon, 77 N.Y.2d 541, 545). Defendant's contention that the hearing court failed to render a decision on the suppression motion in contravention of CPL 710.40 (3) is contradicted by the record. The court clearly rendered a decision, prior to trial, but only postponed drafting a full opinion. Defendant failed to preserve, by appropriate objection, any challenges to the prosecutor's summation comments (People v. Balls, 69 N.Y.2d 641), and we decline to review in the interest of justice. We find no basis to disturb the sentencing court's sound exercise of discretion in imposing sentence (see, People v. Farrar, 52 N.Y.2d 302, 305-306).
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Carro, Kassal and Smith, JJ.