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PEOPLE v. ABREW

95 N.Y.2d 806 (2000)

732 N.E.2d 940

710 N.Y.S.2d 833

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ABREW, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 2000.

Attorney(s) appearing for the Case

Appellate Advocates, New York City (De Nice Powell and Lynn W. L. Fahey of counsel), for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Kenneth V. Byrne, John M. Castellano and Nicole Beder of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The trial court did not abuse its discretion in denying defendant's request to call the complainant to testify at the Wade hearing (see, People v Taylor, 80 N.Y.2d 1, 15). The hearing evidence revealed no substantial constitutional question as to the suggestiveness of the lineup that would necessitate the complainant...

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