Opinion
April 3, 1995
Appeal from the Supreme Court, Queens County (Lakritz, J.).
Ordered that the judgment is affirmed.
Upon the defendant's appeal from this Court's affirmance of his conviction (see, People v Slaughter, 162 A.D.2d 640), the Court of Appeals remitted the matter to the Supreme Court, Queens County, for a de novo Huntley hearing and, in the event that the defendant prevailed at the hearing, a new trial (see, People v Slaughter, 78 N.Y.2d 485). The defendant did not prevail at the Huntley hearing, which was held intermittently from December 4, 1992, through March 5, 1993, and we find that the court's determination was supported by the record. Moreover, since the order of the Court of Appeals which conditioned a new trial on the defendant's prevailing at the Huntley hearing is the law of the case, we affirm the defendant's conviction (see, e.g., Martin v City of Cohoes, 37 N.Y.2d 162, 165; People v Barnes, 155 A.D.2d 468; People v Taylor, 87 A.D.2d 771, affd 57 N.Y.2d 729). Bracken, J.P., Thompson, Goldstein and Hart, JJ., concur.