Opinion
Argued October 18, 1979
Decided November 27, 1979
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THEODORE DACHENHAUSEN, JR., J.
Peter P. Galloway for Lawrence Whisby, appellant.
Michael A. Martinelli for Arthur Price, Jr., appellant.
Carl A. Vergari, District Attorney (Gerald D. Reilly and Anthony J. Servino of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Defendants' contention that they have been denied their right to a speedy trial (US Const, 6th, 14th Amdts; CPL 30.20; Civil Rights Law, § 12) may not be considered by this court where defendants failed to raise the issue at trial. (People v Primmer, 46 N.Y.2d 1048; People v Adams, 38 N.Y.2d 605.)
We also reject the contention of each of the defendants that the in-court identification by the victim ought to have been suppressed. With respect to defendant Price, it need only be stated that there is evidence in the record to support the trial court's factual finding, affirmed by the Appellate Division, that the in-court identification was based upon an independent source of recollection. In such a situation, this court may not disturb this finding. (People v Burrows, 46 N.Y.2d 957; People v Peterson, 40 N.Y.2d 1014.) With respect to defendant Whisby, the record supports the affirmed finding of fact that he was identified by the complaining witness on a public street in White Plains and that "there were no police identification procedures necessary and none, in fact, took place." (See People v Logan, 25 N.Y.2d 184, 193, cert den 396 U.S. 1020.)
We have examined defendants' remaining contentions and find them to be without merit.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.