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PEOPLE v. KENDRICK

256 A.D.2d 420 (1998)

682 N.Y.S.2d 234

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAYTHAN KENDRICK, Also Known as ERNEST KENDRICK, Appellant.

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

Decided December 14, 1998.

Ordered that the judgment is affirmed.

Preliminarily, it is noted that the defendant relies on portions of the trial record in support of his contention that a lineup was unduly suggestive. An appellate court is "precluded from reviewing trial testimony in determining whether the hearing court acted properly" (People v Hucks, 175 A.D.2d 213, 214; see also, People v Dodt, 61 N.Y.2d 408

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