Opinion
September 30, 1993
Appeal from the Supreme Court, Bronx County (Ira Globerman, J.).
Defendant claims that his plea of guilty to attempted murder in the second degree was invalid because the element of intent was not established at the plea allocution. This claim is unpreserved for appellate review as defendant failed to raise it in his motion to withdraw his plea (People v Lopez, 71 N.Y.2d 662, 665) and we decline to review it in the interest of justice. Were we to review the claim, we would find it to be without merit inasmuch as the allocution sufficiently demonstrated that defendant intentionally aided his accomplice in the shooting of the undercover police officer (see, People v Flayhart, 72 N.Y.2d 737, 741).
The court did not err in summarily denying defendant's motion for a Wade hearing. When a defendant's identity is not in issue, "`"suggestiveness" is not a concern'" and there is no need for a hearing (People v Rodriguez, 79 N.Y.2d 445, 449; People v McCreary, 176 A.D.2d 896, 897, lv denied 79 N.Y.2d 860). Thus, "the notice and hearing procedures of CPL article 710 for testing the constitutional propriety of pretrial identification procedures do not come into play." (People v McCreary, supra, at 897.)
Concur — Sullivan, J.P., Carro, Kupferman and Nardelli, JJ.