Opinion
May 13, 1985
Appeal from the Supreme Court, Queens County (Farlo, J.).
Judgment affirmed.
The court properly allowed the People to introduce the identification testimony of Officer Connor. The People were not required to give defendant prior notice of Officer Connor's testimony because she had not previously participated in a showup, lineup, photographic identification or any other pretrial identification procedure, and therefore the notice requirements of CPL 710.30 were inapplicable. In any case, any possible unfair surprise to defendant was alleviated by the court's granting adjournments and delaying Officer Connor's testimony in order to enable defense counsel to adequately prepare for cross-examination and to deal with this evidence. Accordingly, there was no prejudice.
Defendant's other contentions have been considered and have been found to be without merit. Mollen, P.J., Mangano, Gibbons and Bracken, JJ., concur.