People v. Wright

—Judgment unanimously affirmed. Memorandum: Defendant was not denied effective assistance of counsel as the result of his counsel’s failure to make a pretrial motion to suppress the identification testimony of the victim and the bus driver. The position of defendant at trial was to admit his presence at the scene but to deny participating in the robbery. Consequently, identification was not in issue, and defendant failed to show that counsel’s decision not to move to suppress the identification testimony was not strategic (see, People v Garcia, 75 NY2d 973, 974; People v Rivera, 71 NY2d 705,…