Opinion
October 20, 1986
Appeal from the Supreme Court, Queens County (Zelman, J.).
Ordered that the judgment is affirmed.
The inconsistencies between the testimony of the People's witness with respect to the description of the perpetrator and the defendant's actual appearance, were questions of fact which the trial court resolved (see, People v Herriot, 110 A.D.2d 851, 852; People v McCann, 90 A.D.2d 554).
The defendant was not denied effective assistance of counsel. Defense counsel asked for and received various police reports and medical reports, and inspected the Grand Jury minutes. He also moved for, and was granted, Wade, Huntley, and Sandoval hearings. He presented a coherent alibi defense, and consistently argued the theory of misidentification both through cross-examination of the People's witnesses and on summation.
The issue raised with respect to the procedure followed in approving the defendant's waiver of a jury trial has not been preserved for appellate review as a matter of law (CPL 470.05). In any event, the record does not provide an adequate basis upon which we can review the procedure regarding the waiver (see, People v Johnson, 51 N.Y.2d 986).
Finally, the sentence imposed upon the defendant was not excessive (see, People v Suitte, 90 A.D.2d 80). Mangano, J.P., Brown, Rubin and Spatt, JJ., concur.