Within minutes of a robbery the complainant, accompanied by police officers, pursued the assailants into a subway station where he pointed to the defendant, identifying him as one of the men who had robbed him. A search of the defendant following his arrest revealed a pair of sunglasses.
Defendant contends that his Sixth Amendment right to confront witnesses against him (US Const 6th Amend) was violated by the People's failure to call the complainant as a witness at the combined Wade-Mapp hearing. We first note that the defendant failed to make an objection at the hearing and thus did not preserve this question for judicial review. (CPL 470.05; People v. Tutt, 38 N.Y.2d 1011.)
Nevertheless, the contention lacks merit. The complainant's identification of the defendant was spontaneous and devoid of the suggestiveness which may accompany police-orchestrated identification procedures. (People v. Logan, 25 N.Y.2d 184, 193.) No absolute right exists to compel the People to call the complainant to testify at a Wade hearing. (People v Peterkin, 151 A.D.2d 407 [1st Dept 1989]; People v. Tweedy, 134 A.D.2d 467, 468 [2d Dept 1987].)
Concur — Ellerin, J.P., Wallach, Smith and Rubin, JJ.