People v. Correa

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH CORREA, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 11, 1994

200 A.D.2d 415 (N.Y. App. Div. 1994)

608 N.Y.S.2d 802

Opinion

January 11, 1994

Appeal from the Supreme Court, Bronx County (Joseph Cerbone, J.).

Since the identification was not police-arranged, suppression was properly denied (People v. Gissendanner, 48 N.Y.2d 543, 552).

We find nothing in the record to indicate that defendant was "compelled" to conduct jury selection prior to the Wade hearing. Moreover, any irregularity under CPL 710.40 (3) was waived by defendant's failure to object (People v. Melendez, 141 A.D.2d 860, lv denied 73 N.Y.2d 788).

Concur — Carro, J.P., Ellerin, Kupferman and Ross, JJ.