Opinion
December 12, 1994
Appeal from the Supreme Court, Kings County (Beldock, J.).
Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).
The record supports the Supreme Court's determination that the showup procedure utilized by the police came within the confirmatory identification exception to the notice and hearing requirements of the Criminal Procedure Law for suggestive pretrial identification procedures (see, People v Rodriguez, 79 N.Y.2d 445; People v Wiggins, 189 A.D.2d 908). Bracken, J.P., Copertino, Pizzuto and Hart, JJ., concur.