Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of burglary in the third degree (Penal Law § 140.20) and criminal mischief in the third degree (§ 145.05 [2]). Contrary to defendant's contention, we conclude, based on "the totality of the evidence at the suppression hearing, the law, and the circumstances of the case," that defense counsel's withdrawal of that part of the omnibus motion seeking to suppress the identification...
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