Opinion
February 17, 1987
Appeal from the Supreme Court, Westchester County (McMahon, J.).
Ordered that the judgment is affirmed.
Upon the facts of this case, the hearing court did not abuse its discretion when it denied the defendant's request for an adjournment of the Wade hearing based upon the defendant's ear infection, which he claimed affected his ability to hear. The defendant supplied no medical documentation, responded to questions posed by the court without assistance, and did not demonstrate an inability to comprehend the proceedings or consult with his attorney (see, Matter of Anthony M., 63 N.Y.2d 270, 283-284; People v. Ramos, 26 N.Y.2d 272, 275). In any event, the defendant knowingly, voluntarily and intelligently waived his presence in court during a portion of the Wade hearing (see, Johnson v. Zerbst, 304 U.S. 458, 464; People v. Parker, 57 N.Y.2d 136, 141; People v. Epps, 37 N.Y.2d 343, 349-350, cert denied 423 U.S. 999), and therefore may not now complain that he was denied his right to be present and assist in his defense during that time. Lawrence, J.P., Kunzeman, Spatt and Sullivan, JJ., concur.