Opinion
January 12, 1998
Appeal from the Supreme Court, Kings County (Silverman, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the court properly denied his motion to suppress identification testimony inasmuch as the evidence elicited at the Wade hearing established that the lineup was not impermissibly suggestive ( see, People v. Chipp, 75 N.Y.2d 327, 335-336, cert denied 498 U.S. 833). To the extent the defendant relies on the complainant's trial testimony in making his argument, we note that trial testimony may not be considered in evaluating a suppression ruling on appeal ( see, People v. Riley, 70 N.Y.2d 523, 532; People v. Diaz, 194 A.D.2d 688, 689).
Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Bracken, J.P., O'Brien, Thompson and Altman, JJ., concur.