Majority
p. 687The People of the State of New York, Respondent, v Bennet Esquiled, Appellant. [747 NYS2d 188]
The defendant’s claim that the trial court should have reopened the pretrial Wade hearing (see United States v Wade, 388 US 218 ) based upon the testimony elicited during the trial is unpreserved for appellate review since he did not move for that relief (see CPL 470.05 [2]; People v Feinsod, 278 AD2d 335 , 336; People v Johnson, 262 AD2d 155 ; People v Meyer, 255 AD2d 272 ). The defendant’s attempt to use the trial testimony to challenge the pretrial suppression ruling is impermissible (see People v Polk, 284 AD2d 416 , 417; People v Feinsod, supra; People v Andujar, 267 AD2d 467 , 468).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 ). O’Brien, J.P., Friedmann, McGinity and H. Miller, JJ., concur.
Cases cited
- United States v. Wade 388 US 218 p. 687
- People v. Johnson 262 AD2d 155 p. 687
- People v. Polk 284 AD2d 416 at 417 p. 687
- People v. Andujar 267 AD2d 467 at 468 p. 687
- People v. Suitte 90 AD2d 80 p. 687