Opinion
February 2, 1995
Appeal from the Supreme Court, Bronx County (Vincent Vitale, J.).
Testimony at the suppression hearing established that there was no police-arranged identification procedure in this case. Defendant's argument that the complainant's identification of defendant may have been made in circumstances other than those testified to constituted mere speculation, and thus the hearing court appropriately exercised its discretion in denying defendant's application to call the complainant at the hearing (see, People v. Taylor, 80 N.Y.2d 1, 15).
Concur — Sullivan, J.P., Ellerin, Ross, Asch and Williams, JJ.