People v. Esquiled

297 A.D.2d 687, 747 N.Y.2d 188, 747 N.Y.S.2d 188, 2002 N.Y. App. Div. LEXIS 8423

Opinion

The defendant’s claim that the trial court should have reopened the pretrial Wade hearing (see United States v Wade, 388 US 218) based upon the testimony elicited during the trial is unpreserved for appellate review since he did not move for that relief (see CPL 470.05 [2]; People v Feinsod, 278 AD2d 335, 336; People v Johnson, 262 AD2d 155; People v Meyer, 255 AD2d 272). The defendant’s attempt to use the trial testimony to challenge the pretrial suppression ruling is impermissible (see People v Polk, 284 AD2d 416, 417; People v Feinsod, supra; People v Andujar, 267 AD2d 467, 468).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). O’Brien, J.P., Friedmann, McGinity and H. Miller, JJ., concur.