People v. Pitts

Judgment unani*902mously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of rape in the first and third degrees. By moving for suppression of identification evidence, defendant waived his right to challenge the sufficiency of the People’s CPL 710.30 notice {see, People v Merrill, 226 AD2d 1045; see also, People v Kahley, 227 AD2d 934). County Court properly denied the suppression motion because the identification of defendant by complainant on the street six days after she had been raped was happenstance and not the product of police-arranged…