Opinion
June 5, 1997
Appeal from the Supreme Court, Bronx County (Bonnie Wittner, J.).
The hearing court properly denied defendant's request to call the identifying witness at the suppression hearing since defendant's claim regarding suggestiveness was purely speculative ( People v. Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833).
Defendant's claim that he was denied his right to be present at all material stages of his trial, when the court, defense counsel and the prosecutor agreed on the redaction of portions of a tape involving statements of a non-testifying individual, is without merit. Defendant had no right to be present during this proceeding since it involved solely a legal determination ( People v. Williams, 85 N.Y.2d 945).
We have considered defendant's remaining contention and find it to be unpreserved and without merit.
Concur — Milonas, J.P., Rosenberger, Wallach, Nardelli and Rubin, JJ.