Opinion
June 2, 1989
Appeal from the Chautauqua County Court, Adams, J.
Present — Doerr, J.P., Boomer, Pine, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in failing to suppress his pretrial identification. We conclude that the hearing court in denying the suppression motion correctly found that the viewing of defendant by Officer Heil was an inadvertent observation, rather than an intentionally arranged police identification procedure (see, People v. Whisby, 48 N.Y.2d 834, 836; People v. Logan, 25 N.Y.2d 184, 193, cert denied 396 U.S. 1020; People v. Brown, 123 A.D.2d 875).
We have reviewed defendant's remaining contentions and find them to be without merit.