PEOPLE v. KEMP (1998)

 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 N.Y.2d 960, 961, 655 N.Y.S.2d 859, 678 N.E.2d 471).   Further, “at least in the absence of any nonspeculative allegations of undue suggestion”, 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, 607 N.Y.S.2d 573;  cf., People v. Michael M., 162 Misc.2d 803, 811, 618 N.Y.S.2d 171).   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 A.D.2d 982, 985, 621 N.Y.S.2d 728, lv. denied 85 N.Y.2d 944, 627 N.Y.S.2d 1006, 651 N.E.2d 931).   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] ).

Judgment unanimously affirmed.

MEMORANDUM: