Opinion
May 11, 1990
Appeal from the Supreme Court, Errie County, Dadd, J.
Present — Callahan, J.P., Doerr, Boomer, Green and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's claim that he was denied the effective assistance of counsel at his Wade hearing is lacking in merit (see, People v. Rivera, 71 N.Y.2d 705, 708-709; People v. Baldi, 54 N.Y.2d 137, 147; see also, Strickland v. Washington, 466 U.S. 668, 694). Our review of the record reveals that the facts and circumstances surrounding the procedures used by the police in assembling the photo array and in conducting the identification proceeding were fully developed at the hearing. The hearing court's determination that the victim's identification was not tainted by any suggestive police conduct is fully supported by the record.