PEOPLE v. DOMINGUEZ

The court did not err in summarily denying defendant's motion for a Wade hearing. When a defendant's identity is not in issue, "`"suggestiveness" is not a concern'" and there is no need for a hearing (People v. Rodriguez, 79 N.Y.2d 445, 449, quoting People v. Gissendanner, 48 N.Y.2d 543, 552). Because the defendant did not contest that the witness was his friend, summary denial here was proper. In the circumstances presented, we decline to disturb the negotiated sentence (see, People v. Brito, 154 A.D.2d 293).

Concur — Sullivan, J.P., Carro, Nardelli, Williams and Tom, JJ.