Opinion
November 12, 1985
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Judgments affirmed.
Defendant was placed in two lineups with the same fillers and was identified as the perpetrator by his victims of separate offenses at each lineup separately. Defendant, who is a light-complexioned black, sat with five other black men, two of whom, from photographic evidence, were readily distinguishable from him by their skin shades. The three others might possibly have fit the descriptions given by the victims to police, making identifications by suggestion not "highly likely" (see, People v Burwell, 26 N.Y.2d 331, 335; People v Lebron, 46 A.D.2d 776).
Defendant failed to raise his objections to the adequacy of his plea allocution in the court of first instance and accordingly has not preserved his claims for review (see, People v Pellegrino, 60 N.Y.2d 636). In any event, we find that the allocution established the requisite elements of attempted kidnapping in the second degree, arson in the third degree, grand larceny in the second degree, assault in the second degree and tampering with a witness in the third degree (see, People v Nixon, 21 N.Y.2d 338, cert denied sub nom. Robinson v New York, 393 U.S. 1067; People v Jones, 81 A.D.2d 22). Mangano, J.P., Bracken, O'Connor and Weinstein, JJ., concur.