Opinion
October 7, 1992
Appeal from the Erie County Court, Drury, J.
Present — Callahan, J.P., Green, Pine, Boehm and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: Complainant's affidavit stating that he did not identify defendant in any police identification procedure and that he had known defendant for several years was uncontroverted. Thus, there is no merit to defendant's contention that the trial court erred in denying his application for a pretrial identification hearing (see, People v Gissendanner, 48 N.Y.2d 543, 552; People v Allen, 159 A.D.2d 953; People v Robinson, 117 A.D.2d 826; see also, People v Collins, 60 N.Y.2d 214; People v Tas, 51 N.Y.2d 915).
We have examined defendant's other contentions and find them also to be without merit.