Opinion
November 15, 1988
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Doerr, J.P., Boomer, Green, Pine and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of burglary in the first degree and criminal possession of a weapon in the fourth degree. He argues that portions of the trial testimony concerning the identification of him by the complainants demonstrate that the suppression court erred in refusing to find that the showup procedure was impermissibly suggestive. However, the propriety of that ruling must be determined only from the testimony at the Wade hearing (People v. Gonzalez, 55 N.Y.2d 720, rearg denied 55 N.Y.2d 1038, cert denied 456 U.S. 1010). Based on the record of the Wade hearing, we find that the showup identification was sufficiently close in time to the crime and in space to the place where defendant was stopped (see, People v. Love, 57 N.Y.2d 1023). We have examined defendant's remaining contentions on appeal and find them to be without merit.