People v. Carter

283 A.D.2d 514, 724 N.Y.S.2d 866, 2001 N.Y. App. Div. LEXIS 5020

Opinion

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Klein, J.), rendered May 21, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

The Supreme Court properly denied the defendant’s motion for a Wade hearing (see, United States v Wade, 388 US 218) upon finding that the confirmatory identification of the defendant was made by undercover officers at the police precinct three hours after the arrest (see, People v Wharton, 74 NY2d 921, 923). The dangers of misidentification are greatly reduced when those who view the suspect are law enforcement officers trained to be accurate and objective in their observations (see, People v McDonald, 147 AD2d 500).

The defendant’s remaining contentions are without merit. S. Miller, J. P., McGinity, Luciano and Townes, JJ., concur.