Opinion
May 4, 1995
Appeal from the Supreme Court, Bronx County (Frank Torres, J.).
Defendant's brief detention in the vicinity of the crime scene for the purpose of a showup identification by the victim was supported by reasonable suspicion that defendant had committed the attempted robbery the victim had reported to the police only moments before (People v Hicks, 68 N.Y.2d 234), and probable cause for arrest existed once the victim made the identification (People v Miller, 194 A.D.2d 506, lv denied 82 N.Y.2d 928). Defendant's claims of prosecutorial misconduct in examining a defense witness and failing to furnish Rosario material are not preserved for appellate review as a matter of law (People v Rosado, 191 A.D.2d 255, lv denied 81 N.Y.2d 1019; People v Laguer, 195 A.D.2d 483, lv denied 82 N.Y.2d 756), and in any event are without merit (see, Richardson, Evidence § 485 [Prince 10th ed]; People v Boisseau, 193 A.D.2d 517, lv denied 81 N.Y.2d 1070), as are his other contentions.
Concur — Murphy, P.J., Wallach, Kupferman and Williams, JJ.