Majority
p. 1072The People of the State of New York, Respondent, v Carzell Kemp, Appellant. [674 NYS2d 525]
—Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s motion for an order directing the three complainants to submit to psychological or psychiatric examinations (see, People v Earel, 89 NY2d 960 , 961). Further, “at least in the absence of any nonspeculative allegations of undue sugges
p. 1073
tion”, defendant’s motion for a pretrial hearing to determine whether the complainants had been subjected to suggestive questioning was also properly denied (People v Alvarez, 159 Misc 2d 963 , 965; cf., People v Michael M., 162 Misc 2d 803 , 811). The record supports the court’s determination that the period of postreadiness delay occasioned by DNA testing is excludable from the statutory period as an adjournment requested by defendant (see, People v White, 211 AD2d 982 , 985, lv denied 85 NY2d 944 ). Defendant’s remaining contention is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Ontario County Court, Harvey, J.— Rape, 1st Degree.) Present — Green, J. P., Lawton, Pigott, Jr., Callahan and Balio, JJ.
Cases cited
- People v. Earel 89 NY2d 960 at 961 p. 1072
- People v. Alvarez 159 Misc 2d 963 at 965 p. 1073
- People v. Michael M. 162 Misc 2d 803 at 811 p. 1073
- People v. White 211 AD2d 982 at 985 p. 1073