| People v Hernandez |
| 2007 NY Slip Op 08252 [44 AD3d 1072] |
| October 30, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v OscarHernandez, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JeanetteLifschitz, and Charles Balvin of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.),rendered March 12, 2004, convicting him of criminal sale of a controlled substance in the thirddegree, upon his plea of guilty, and imposing sentence. The appeal brings up for review thedenial (Griffin, J.), without a hearing, of that branch of the defendant's omnibus motion whichwas for preclusion of identification testimony.
Ordered that the judgment is affirmed.
In his omnibus motion, the defendant did not request suppression of identification evidenceor a Wade hearing (see United States v Wade, 388 US 218 [1967]), but did seekpreclusion of identification testimony based on the People's failure to serve notice under CPL710.30 (1) (b). Consequently, the defendant's current claim that the Supreme Court should havegranted him a Wade hearing is not preserved for appellate review (see CPL470.05 [2]). Even if the defendant's alternative request for an unspecified hearing were construedas a request for a hearing to determine whether identification evidence should be suppressed, itdid not state a legal basis to support such relief (see CPL 710.60 [3] [a]; People vBoyer, 6 NY3d 427, 431 [2006]). Accordingly, the defendant was not entitled to aWade hearing. Rivera, J.P., Krausman, Florio and Dillon, JJ., concur.