Opinion
October 20, 1992
Appeal from the Supreme Court, New York County (Thomas Galligan, J.).
The trial court did not abuse its discretion in denying defendant's request to be seated somewhere other than at the defense table during the complainant's testimony. The identification testimony was never sufficiently cast into doubt. Further, the witness' out-of-court identification was spontaneous and not tainted by any unduly suggestive police action (People v Benjamin, 155 A.D.2d 375, lv denied 75 N.Y.2d 867).
Contrary to defendant's contention, the court properly denied his motion for a Wade hearing. Defendant's claim that testimony adduced at the Huntley hearing concerning the events leading up to his arrest established his entitlement to a Wade hearing is not preserved for appellate review as a matter of law and we decline to review in the interest of justice. Were we to consider it, we would affirm, finding it to be without merit.
Concur — Sullivan, J.P., Carro, Milonas and Kupferman, JJ.