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PEOPLE v. BOYNTON

134 A.D.2d 506 (1987)

The People of the State of New York, Respondent, v. James Boynton, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 23, 1987

Ordered that the judgment is affirmed.

The defendant's claim that he was deprived of a fair trial when the prosecutor showed his photograph to the complaining witnesses on the morning of the trial has not been preserved for appellate review. By failing to request a Wade hearing either before or during trial the defendant has waived his right to judicial review of the issue (CPL 710.60 [3]; 470.05 [2]; People v Ross, 21 N.Y.2d 258

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