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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH CORREA, Appellant.

Since the identification was not police-arranged, suppression was properly denied (People v. Gissendanner, 48 N.Y.2d 543, 552).

We find nothing in the record to indicate that defendant was "compelled" to conduct jury selection prior to the Wade hearing. Moreover, any irregularity under CPL 710.40 (3) was waived by defendant's failure to object (People v. Melendez, 141 A.D.2d 860, lv denied 73 N.Y.2d 788).

Concur — Carro, J.P., Ellerin, Kupferman and Ross, JJ.

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PEOPLE v. CORREA
(Jan 11, 1994)