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75 N.Y.2d 985

People v. Peterkin

New York Court of Appeals

Decided May 1, 1990

New York Court of Appeals · decided 1990-05-01

Cited by 3 later decisions — most recently September 2008

Good law ✅— No negative treatment on recordhow we know

Decided 1990-05-01

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¶1OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division should be affirmed.

¶4Contrary to defendant’s contention, the hearing court did not abuse its discretion in denying defendant’s request to call the complainant at the Wade hearing (United States v Wade, 388 US 218). A defendant does not have an absolute right to call a complainant at the Wadehearing absent some indicia of the suggestiveness of the identification procedure employed (People v Chipp, 75 NY2d 327, 336-338). Defendant argues, however, that he has a right to call the complainant where there has been a showup, an inherently suggestive identification procedure (see, People v Riley, 70 NY2d 523). This argument has no application where, as here, the defendant does not dispute that the showup was made promptly and at the scene of the crime (see, People v Love, 57 NY2d 1023). Nor has he claimed that the complainant’s testimony would have differed in any respect from that offered by the People’s witnesses. In these circumstances, defendant is not entitled to call the complainant at the hearing (People v Chipp, supra).

¶5We have considered defendant’s remaining contention and conclude that it is without merit.

¶6*987Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

¶7Order affirmed in a memorandum.

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