Judgment affirmed.
The hearing court properly determined that the photographic identification of the defendant by the mother of the deceased, who was an eyewitness to the crime, was not constitutionally defective (see, People v. Edwards, 115 A.D.2d 657; People v Rolston, 109 A.D.2d 854, 855; People v. Haynes, 88 A.D.2d 1070). Moreover, there is no basis for overturning the hearing court's finding that, under the totality of the circumstances, the defendant knowingly and voluntarily waived his constitutional rights before confessing to the instant crime (see, People v Williams, 62 N.Y.2d 285, 288-289; People v. Sanchez, 109 A.D.2d 761, 762). In this regard, the evidence of the defendant's mental condition was not sufficient to warrant suppression. The trial court was correct in denying the defendant's request for a charge as to the affirmative defense to felony murder (see, Penal Law § 125.25). Under no reasonable view of the evidence did the defendant establish the elements of the affirmative defense (see, Penal Law § 125.25; People v. Cable, 96 A.D.2d 251, 261, revd on other grounds 63 N.Y.2d 270; People v. Edwards, 64 A.D.2d 201; see also, People v. Collice, 41 N.Y.2d 906; People v Alston, 104 A.D.2d 653, 654).
We have reviewed the defendant's remaining contention and find it to be without merit. Lazer, J.P., Bracken, Weinstein and Eiber, JJ., concur.