Opinion
November 23, 1987
Appeal from the Supreme Court, Kings County (Murray, J.).
Ordered that the judgment is affirmed.
The defendant's claim that he was deprived of a fair trial when the prosecutor showed his photograph to the complaining witnesses on the morning of the trial has not been preserved for appellate review. By failing to request a Wade hearing either before or during trial the defendant has waived his right to judicial review of the issue (CPL 710.60; 470.05 [2]; People v. Ross, 21 N.Y.2d 258; People v. Gustafson, 110 A.D.2d 1055). In any event, the complainants' testimony at trial established that an independent source existed for their in-court identification (see, Matter of Michael J., 117 A.D.2d 602; People v. Williams, 87 A.D.2d 876; People v. Tillman, 74 A.D.2d 911).
We have examined the defendant's remaining contentions and find them to without merit. Thompson, J.P., Niehoff, Rubin and Sullivan, JJ., concur.