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THE PEOPLE, ETC., respondent, v. ALI MALIK, appellant.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly denied his request to compel the complainants' testimony at the Wade hearing (see, United States v. Wade, 388 U.S. 218). The hearing evidence revealed no substantial constitutional question as to the suggestiveness of the lineup that would necessitate the complainants' testimony (see, People v. Abrew, 95 N.Y.2d 806, 808; People v. Chipp, 75 N.Y.2d 327, 338).

The trial court properly precluded the defendant from introducing evidence of third-party culpability since the proffered evidence was based on mere speculation and lacked any probative value (see, People v. Primo, 96 N.Y.2d 351, 357).

The defendant's remaining contentions are either unpreserved for appellate review, without merit, or do not require reversal of the judgment.

S. MILLER, J.P., LUCIANO, SCHMIDT and CRANE, JJ., concur.

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PEOPLE v. MALIK
(Feb 25, 2002)