PEOPLE v. McBRIDE

Contrary to defendant's contention, the complaining witness' out-of-court identification from his bed at the hospital emergency room, some 2 1/2 hours after he was shot in the stomach and 1 hour after defendant was located by the police, was not unduly suggestive (see, People v Conyers, 176 A.D.2d 340, lv denied 79 N.Y.2d 825). At the time of the identification, defendant was not wearing handcuffs or the jacket containing two bullet holes indicating that the shots were fired from inside the garment. Defendant was also previously known by sight to the victim and was immediately identified as the shooter.

Additionally, the hearing court properly exercised its discretion in denying defendant's request to compel the identifying victim to testify at the Wade hearing (People v Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833).

We have reviewed defendant's remaining contentions and find they do not warrant reversal in these circumstances.

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Rubin, JJ.