Opinion
40
January 23, 2003.
Judgment, Supreme Court, New York County (James Yates, J.), rendered July 6, 2000, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 12½ to 25 years, unanimously affirmed.
Priscilla Steward, for respondent.
John Schoeffel, for defendant-appellant.
Mazzarelli, J.P., Saxe, Sullivan, Williams, Gonzalez, JJ.
Defendant's suppression motion was properly denied. The evidence presented at the Wade hearing, along with the reasonable inferences that the hearing court drew therefrom as set forth in its findings of fact, satisfied the People's initial burden of demonstrating the lack of any undue suggestiveness (see People v. Jackson, 98 N.Y.2d 555), and defendant did not meet his ultimate burden of proving that there was a substantial likelihood that he was singled out for identification. The evidence fails to establish that the allegedly suggestive conduct occurred in the presence of the witness who viewed the lineup.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.