Opinion
April 13, 1993
Appeal from the Supreme Court, Bronx County (William C. Donnino, J.).
The credible evidence at trial established that defendant, in the company of unapprehended accomplices, mugged the complainant, beat him, and robbed him of cash, a jacket, and subway tokens. The complainant recognized defendant from the neighborhood. Shortly after, during a police canvas of the neighborhood, the complainant spontaneously and voluntarily pointed out defendant, saying "that's the man." Subway tokens and four $20 bills were recovered from defendant's sock. At the Mapp hearing, the court denied defendant's application to call the complainant as a witness. We find no basis to disturb the hearing court's findings that no police arranged identification procedure occurred, that the identification by the complainant was voluntary, that no suggestiveness attached to the complainant's identification, and accordingly, defendant had no right to call the complainant (see, People v Chipp, 75 N.Y.2d 327, 337-338; People v Peterkin, 75 N.Y.2d 985, affg 151 A.D.2d 407).
Concur — Carro, J.P., Rosenberger, Ellerin and Asch, JJ.