People v. Gaston

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of robbery in the first degree (Penal Law § 160.15 [2]) following the reversal of his prior judgment of conviction and a retrial (People v Gaston, 244 AD2d 889). Contrary to defendant’s contention, County Court properly denied defendant’s oral motion for a Wade hearing prior to the retrial (see, People v Mezon, 80 NY2d 155, 157). Defendant did not renew the motion in writing, and thus the motion was abandoned (see, People v Vigliotti, 270 AD2d 904, lv denied 95 NY2d 839; see also, CPL 710.70 [3]).…