PEOPLE v. VILLANOVA (2000)

Judgment, Supreme Court, New York County (Felice Shea, J.), rendered July 1, 1997, convicting defendant, upon his plea of guilty, of two counts of robbery in the first degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life, unanimously affirmed.

Defendant's suppression motion was properly denied.   After permitting defendant to call several police officers at the hearing, the court properly exercised its discretion in denying defendant's application to call other officers or the complainant (see, People v. Chipp, 75 N.Y.2d 327, 338-340, 553 N.Y.S.2d 72, 552 N.E.2d 608, cert. denied 498 U.S. 833, 111 S.Ct. 99, 112 L.Ed.2d 70).   Defendant's contention that the potential for suggestiveness in the identification procedures warranted calling these witnesses was purely speculative (see, People v. Morrison, 244 A.D.2d 168, 169, 663 N.Y.S.2d 841 lv. denied 91 N.Y.2d 895, 669 N.Y.S.2d 9, 691 N.E.2d 1035;  see also, People v. Witherspoon, 66 N.Y.2d 973, 974, 498 N.Y.S.2d 789, 489 N.E.2d 758).

MEMORANDUM DECISION.