Opinion
February 25, 1991
Appeal from the Supreme Court, Queens County (Dufficy, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The complainant testified that the defendant robbed her at gunpoint. She stated that the robbery lasted approximately 15 minutes during which time she was able to observe the defendant. The complainant immediately notified the police and within one hour of the robbery, identified a photograph of the defendant as depicting the man who robbed her. Moreover, approximately two weeks later, the complainant identified the defendant in a police lineup.
We also reject the defendant's contention that the hearing court erred in denying the defendant's request that the complainant be produced at the Wade hearing. "There is no general requirement that the complainant testify at a Wade hearing; `it is only when the defense has established that a pretrial identification procedure was unduly suggestive, after the prosecution has met its initial burden of going forward to demonstrate reasonableness and the lack of suggestiveness, that evidence concerning an independent source for the * * * identification must be elicited from the complainant'" (People v Stephens, 161 A.D.2d 740). Since the evidence presented raised no issues regarding the constitutionality or suggestiveness of the identification procedures, the hearing court properly denied the defendant's request to call the complaining witness (see, People v Chipp, 75 N.Y.2d 327). Bracken, J.P., Lawrence, Rosenblatt and Ritter, JJ., concur.