Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), rendered August 31, 1988, convicting him of robbery in the first degree (two counts), criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), and assault in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Groh, J.), of that branch of the defendant’s omnibus motion which was to suppress identification testimony.
Ordered that the judgment is affirmed.
At an ensuing Wade hearing, Officer Conner testified that when he arrived at the travel agency with the two suspects, the complainant was receiving medical treatment inside an Emergency Medical Service ambulance. The ambulance was equipped with a one-way mirror, and after receiving a signal from an officer inside the ambulance, Conner brought the defendant to the side of the vehicle to enable the complainant to view him. The complainant then identified the defendant as the assailant who had struck her with his gun during the commission of the robbery.
On appeal, the defendant contends, inter alia, that the People failed to meet their burden of establishing that the showup procedure was not unduly suggestive because they did not call the police officer who remained inside the ambulance with the complainant while Officer Conner exhibited the defendant. However, since the defendant failed to advance this argument at the Wade hearing, his present contention is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gonzalez,
Further, contrary to the defendant’s contention, the Supreme Court did not improvidently exercise its discretion in proceeding to trial in his absence. The record reveals that after the People moved the case to trial on June 24, 1988, the court advised the defendant of his right to be present at trial, as well as of the consequences of failing to appear for trial (see, People v Parker,
The defendant’s sentence was neither unduly harsh nor excessive (see, People v Suitte,
We have considered the defendant’s remaining contentions, and find that they are either unpreserved for appellate review or without merit. Kunzeman, J. P., Sullivan, Fiber and Ritter, JJ., concur.
