People v. Carter

66 A.D.2d 529, 886 N.Y.S.2d 340

Opinion

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered December 4, 2007, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender whose prior conviction was a violent felony, to a term of 3V2 years, unanimously affirmed.

The court properly denied defendant’s motion to suppress identification testimony, without granting a hearing (see e.g. People v Wharton, 74 NY2d 921 [1989]). “The information presented to the motion court clearly established that the viewing of defendant by the [undercover] officer in this [standard buy- and-bust] case was a confirmatory identification for which no Wade hearing was required” (People v Davis, 289 AD2d 134, 135 [2001], lv denied 97 NY2d 753 [2002]). Concur—Tom, J.P., Buckley, Catterson, Freedman and Abdus-Salaam, JJ.