Opinion
December 4, 1997
Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).
We reject defendant's contention that the court summarily denied defendant's motion to suppress identification testimony. There is no evidence that the motion court ever addressed this issue, and since defendant pleaded guilty, we find that defendant abandoned his claim that he was entitled to a Wade hearing ( see, People v. Fernandez, 67 N.Y.2d 686; People v. Rivera, 223 A.D.2d 400, lv denied 88 N.Y.2d 969). Even if the court had summarily denied defendant's suppression motion, that determination would have been correct ( see, People v. Wharton, 74 N.Y.2d 921; People v. James, 220 A.D.2d 370, lv denied 88 N.Y.2d 937).
Concur — Milonas, J. P., Tom, Mazzarelli and Colabella, JJ.