Opinion
January 31, 1995
Appeal from the Supreme Court, New York County (Murray Mogel, J.).
Contrary to defendant's argument, we find that the hearing court did not err when it denied defendant's request that the People be directed to turn over at the Wade hearing the names and addresses of at least 11 eyewitnesses, who had identified defendant to arriving police officers as the person who had stabbed to death the victim on the Great Lawn, in Central Park. The law is well settled that a defendant does not have an unqualified right to call an identifying witness at a Wade hearing, unless such witness' testimony is necessary because the hearing evidence raises substantial issues as to the constitutionality of police-arranged identification procedures (People v. Chipp, 75 N.Y.2d 327, 337-338, cert denied 498 U.S. 833). Here, there was no evidence of police-arranged identification of defendant.
Concur — Rosenberger, J.P., Kupferman, Nardelli and Tom, JJ.