When defendant belatedly asked the hearing court to rule on his Dunaway claim, the hearing court's response that it would only conduct the Wade hearing previously granted by the motion court did not foreclose defendant from seeking relief from the motion court. The evidence adduced at the Wade hearing, along with the reasonable inferences to be drawn therefrom, established that the undercover officer made a confirmatory identification ( see, People v. Grays, 237 A.D.2d 303, lv denied 89 N.Y.2d 1035). The verdict was not against the weight of the evidence.
Additionally, there is no merit to the defendant's claim that the complainant's testimony was necessary for the prosecutor to establish a nonsuggestive identification. The record demonstrates that the court was provided with the factual detail necessary to assess whether the identification procedure was unconstitutional ( see, People v. Grays, 237 A.D.2d 303; People v. Padilla, 219 A.D.2d 688).