People v. Sparkman

Appellate Division of the Supreme Court of New York

People v. Sparkman

278 A.D.2d 875, 718 N.Y.S.2d 908, 2000 N.Y. App. Div. LEXIS 13488

Appellate Division of the Supreme Court of the State of New York·Decided December 27, 2000·Published·Cited by 2 cases

Opinion

Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, County Court properly denied his suppression motion. The court properly determined that the undercover officer’s viewing of defendant’s photograph approximately 10 [876]*876minutes after the drug transaction constituted a confirmatory identification (see, People v Johnson, 213 AD2d 1067, lv denied 85 NY2d 939; see also, People v Wharton, 74 NY2d 921, 922-923). The bargained-for sentence is neither unduly harsh nor severe. (Appeal from Judgment of Wayne County Court, Parent!, J. — Criminal Possession Controlled Substance, 3rd Degree.) Present — Pine, J. P., Wisner, Hurlbutt and Kehoe, JJ.

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Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, County Court properly denied his suppression motion. The court properly determined that the undercover officer’s viewing of defendant’s photograph approximately 10 [876]*876minutes after the drug transaction constituted a confirmatory identification (see, People v Johnson, 213 AD2d 1067, lv denied 85 NY2d 939; see also, People v Wharton, 74 NY2d 921, 922-923). The bargained-for sentence is neither unduly harsh nor severe. (Appeal from Judgment of Wayne County Court, Parent!, J. — Criminal Possession Controlled Substance, 3rd Degree.) Present — Pine, J. P., Wisner, Hurlbutt and Kehoe, JJ.

People v. Sparkman, 278 A.D.2d 875, 718 N.Y.S.2d 908, 2000 N.Y. App. Div. LEXIS 13488 (N.Y. Ct. App. 2000).

Pincite

278 A.D.2d 875 (People v. Sparkman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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