43 A.D.3d 1088
N.Y. App. Div.
2007

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v GERALD STEVENS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department

2007

43 A.D.3d 1088, 844 N.Y.S.2d 329

[844 NYS2d 329]—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered January 17, 2006, convicting him of burglary in the first degree, robbery in the first degree, burglary in the second degree, robbery in the second degree, criminal possession of stolen property in the fourth degree (two counts), possession of burglar‘s tools, resisting arrest, and criminal mischief in the fourth degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Cooperman, J.), of those branches of the defendant‘s omnibus motion which were to suppress identification and physical evidence.

Ordered that the judgment is affirmed.

On February 9, 2005 the defendant entered a private house in Queens County, without the permission of the owners, by opening the door to the house with a screwdriver. The defendant took DVDs, cash, and jewelry from the house. When confronted by one of the occupants of the house, the defendant pretended to have a gun in his hand, and told the occupant that if she moved, he would “blow her head off.” Soon after the commission of the crime, police officers received a radio transmission stating that an officer was in need of assistance, indicating a description of the crime as a burglary, and stating that the suspect was a male black, approximately six feet tall, wearing a black jacket. Within 10 or 15 minutes after the officers initially