Opinion
February 4, 1994
Appeal from the Wayne County Court, Strobridge, J.
Present — Denman, P.J., Green, Balio, Lawton and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The court properly denied defendant's motion for a mistrial based upon the failure of the People to include one of its witnesses on the list of witnesses provided to defense counsel prior to jury selection (see, People v. Miller, 106 A.D.2d 787, 788). We reject defendant's contention that the photo array shown to the police witness was impermissibly suggestive (see, People v. Burns, 186 A.D.2d 1015, lv denied 81 N.Y.2d 837; People v. Hall, 177 A.D.2d 951, lv denied 79 N.Y.2d 948). Defendant's remaining arguments have not been preserved for our review (see, CPL 470.05) and we decline to address them in the interest of justice (see, CPL 470.15).