Opinion
April 19, 1996
Appeal from the Erie County Court, Drury, J.
Present — Denman, P.J., Green, Fallon, Callahan and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: County Court properly denied the motion to suppress the showup identification of defendant. The record supports the court's determinations that the stop of defendant was supported by reasonable suspicion ( see, People v Hicks, 68 N.Y.2d 234, 238) and that the showup at the hospital emergency room was justified by exigent circumstances ( see, People v. Riley, 70 N.Y.2d 523, 529). The contention that defendant was deprived of a fair trial by prosecutorial misconduct on summation is not preserved for our review ( see, CPL 470.05), and we decline to exercise our power to address that contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). Defendant knowingly, voluntarily and intelligently waived his right to a hearing pursuant to CPL 400.20 (3) to challenge his status as a persistent felony offender. The sentence imposed is not unduly harsh or severe.