Opinion
September 28, 1999
Judgment, Supreme Court, New York County (George Roberts, J., on suppression motion; James Leff, J., at plea and sentence), rendered April 1, 1996, convicting defendant, of criminal sale of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 9 years to life, unanimously affirmed.
Mark W. Zeno, for respondent.
Erin Koenen, for defendant-appellant.
ROSENBERGER, J.P., WILLIAMS, RUBIN, SAXE, BUCKLEY, JJ.
Summary denial of defendant's motion to suppress identification testimony was proper. The parties' submissions did not raise any factual issue requiring a Wade hearing. The identifications in this ongoing undercover operation were clearly confirmatory (see, People v. Prekuli, 256 A.D.2d 77, 682 N.Y.S.2d 152, lv denied 93 N.Y.2d 877; People v. Montgomery, 213 A.D.2d 563, 564,affd 88 N.Y.2d 926; People v. Harewood, 206 A.D.2d 437 lv denied 84 N.Y.2d 1032).
We perceive no abuse of sentencing discretion.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.