Opinion
(1405) KA 99-05473.
November 9, 2001.
(Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Assault, 1st Degree.)
PRESENT: GREEN, J.P., HAYES, SCUDDER, KEHOE AND BURNS, JJ.
Judgment unanimously affirmed.
Memorandum:
Supreme Court properly denied defendant's motion to suppress the identification testimony of a prosecution witness. The evidence at the Wade hearing established that the witness knew defendant, and thus the showup identification was merely confirmatory ( see, People v. Mike, 283 A.D.2d 989, lv denied 96 N.Y.2d 904). It is therefore unnecessary to consider whether the passage of time between the crime and the showup identification, conceded to be excessive by the People, rendered the procedure unduly suggestive ( see, People v. Joseph, 244 A.D.2d 504, 504-505, lv denied 91 N.Y.2d 893; People v. Garcia, 216 A.D.2d 412, lv denied 86 N.Y.2d 794). Contrary to the contentions in defendant's pro se supplemental brief, we conclude that the evidence is legally sufficient to support the conviction and the verdict is not contrary to the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495).