ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the defendant's waiver of his right to a jury trial was made knowingly and voluntarily. With the defendant's consent, the trial court properly conducted a combined pretrial suppression hearing and nonjury trial (see People v. Moreno, 70 N.Y.2d 403, 405-406; People v. Montalvo, 263 A.D.2d 461, 462). The defense counsel's consent to such a procedure did not deprive the defendant of the effective assistance of counsel (see People v. Hanson, 256 A.D.2d 74). Further, counsel's failure to file a notice of appeal, which resulted in the granting of the defendant's Federal habeas corpus petition (see Restrepo v. Kelly, 178 F.3d 634), and this belated appeal, does not provide any basis for a reversal of the defendant's conviction.
The hearing court's denial of that branch of the defendant's omnibus motion which was to suppress identification testimony was amply supported by the record (see People v. Jakins, 277 A.D.2d 328).
O'BRIEN, J.P., H. MILLER, SCHMIDT and COZIER, JJ., concur.