Opinion
May 20, 1993
Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).
The order appealed from was entered upon remittal of this case to Supreme Court in accordance with the opinion of the New York Court of Appeals ( 79 N.Y.2d 445), which modified the order of this Court ( 167 A.D.2d 146), unanimously affirming two judgments of the Supreme Court, New York County (Eve Preminger, J.), rendered March 8, 1988 and April 6, 1989, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second and third degrees, and sentencing defendant to concurrent terms of 20 years to life on the murder charge and 1 1/2 to 4 1/2 years and 1 to 3 years on the two weapons charges.
The hearing court correctly denied a Wade hearing after properly concluding that the evidence before it established, as a matter of law, that the identification was not tainted by any degree of police suggestiveness (People v Lawhorn, 192 A.D.2d 359).
Concur — Rosenberger, J.P., Kupferman, Asch and Rubin, JJ.