Opinion
1999-10834
Submitted January 28, 2002.
February 25, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered November 4, 1999, convicting him of attempted murder in the second degree, robbery in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification evidence.
Lynn W. L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Monique Ferrell of counsel), for respondent.
Before: SONDRA MILLER, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly denied his request to compel the complainants' testimony at the Wade hearing (see, United States v. Wade, 388 U.S. 218). The hearing evidence revealed no substantial constitutional question as to the suggestiveness of the lineup that would necessitate the complainants' testimony (see, People v. Abrew, 95 N.Y.2d 806, 808; People v. Chipp, 75 N.Y.2d 327, 338).
The trial court properly precluded the defendant from introducing evidence of third-party culpability since the proffered evidence was based on mere speculation and lacked any probative value (see, People v. Primo, 96 N.Y.2d 351, 357).
The defendant's remaining contentions are either unpreserved for appellate review, without merit, or do not require reversal of the judgment.
S. MILLER, J.P., LUCIANO, SCHMIDT and CRANE, JJ., concur.