Opinion
May 4, 1987
Appeal from the County Court, Suffolk County (Vaughn, J.).
Ordered that the judgment is affirmed.
The instant appeal brings up for review the trial court's denial of defense counsel's motion to withdraw the Legal Aid Society as counsel so that the attorney who was present during a lineup could testify at the Wade hearing concerning the allegedly suggestive procedure used. Inasmuch as the proffered testimony of the attorney concerned uncontested issues, the court did not err in permitting counsel to testify at the hearing or trial and in refusing to disqualify the Legal Aid Society.
The defendant also challenged the admission into evidence of proof of uncharged crimes. The testimony concerning the defendant's robbery of a cab driver, however, was necessary to complete the narrative of the episode and to establish the cab driver's opportunity to identify the defendant (see, People v Gines, 36 N.Y.2d 932). The testimony concerning the theft of the getaway car was inextricably interwoven with the planning and execution of the bank robbery for which the defendant was being tried and was, therefore, properly received into evidence (see, People v. Vails, 43 N.Y.2d 364, 368-369).
The court properly denied the defendant's severance motion (see, People v. Eisenreich, 121 A.D.2d 561, lv denied 68 N.Y.2d 913).
The defendant's motion to suppress his postarrest statements was properly denied inasmuch as they were found to be voluntarily made after a proper waiver of his Fifth and Sixth Amendment rights (see, People v. Prochilo, 41 N.Y.2d 759, 761).
We have examined the defendant's remaining contentions and have found them to be without merit (see, People v. Rahman, 46 N.Y.2d 882, 883; People v. Cherry, 106 A.D.2d 458; People v. Suitte, 90 A.D.2d 80). Thompson, J.P., Lawrence, Weinstein and Rubin, JJ., concur.