Opinion
November 15, 1993
Appeal from the County Court, Westchester County (Lange, J.).
Ordered that the judgment is affirmed.
The defendant's contention that he should have been allowed to call, at the Wade hearing, the witness who identified him shortly after the crime is without merit since there was no evidence presented that the pretrial identification procedure was suggestive (see, People v Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833).
The defendant's contention that his statement was not voluntary because he had a broken nose when he made the statement is also without merit. There was no evidence presented at the Huntley hearing that the defendant was suffering from such pain or discomfort that he did not know what he was doing when he made the statement (see, People v Pearson, 106 A.D.2d 588). Nor was there evidence presented that the defendant understood that he would only receive medical attention if he cooperated with the police. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.