Opinion
January 9, 1996
Appeal from the Supreme Court, Bronx County (Daniel Sullivan, J.).
Defendant's guilt was established beyond a reasonable doubt by, inter alia, the eyewitness testimony ( People v Vega, 219 A.D.2d 500). The trial court properly denied defendant's pretrial Wade motion which sought suppression of the identifications made by three eyewitnesses. The two photo arrays, which placed defendant in same numbered positions, and his presence in a subsequent lineup where he was dressed in the same manner as in one of the photo array pictures, were not so suggestive as to create the substantial likelihood that defendant would be misidentified ( see, People v Simmons, 170 A.D.2d 15, 19, lv denied 78 N.Y.2d 1130).
Defendant's claim that he was denied his right to participate during voir dire ( People v Antommarchi, 80 N.Y.2d 247) is without merit. The record shows that the court informed him of his rights before he knowingly and voluntarily waived them ( People v Perez, 196 A.D.2d 781, lv denied 82 N.Y.2d 900). Defendant's assertion that the People committed a Trowbridge ( 305 N.Y. 471) error when a police officer testified about the pretrial identification procedure is not preserved, and in any event without merit. The testimony merely concerned the procedure utilized and did not bolster the witness's out-of-court identification ( People v Carolina, 211 A.D.2d 454, lv denied 85 N.Y.2d 860).
Concur — Murphy, P.J., Wallach, Kupferman, Ross and Williams, JJ.