Opinion
2002-00659, 2002-01425.
July 25, 2006.
Appeals by the defendant from two judgments of the County Court, Westchester County (Adler, J.), both rendered December 17, 2001, convicting him of criminal sale of a controlled substance in the third degree (four counts) and criminal possession of a controlled substance in the third degree (four counts), upon a jury verdict, under indictment No. 01-00059, and attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, under superior court information No. 01-01557, and imposing sentences. The appeal from the judgment rendered under indictment No. 01-00059 brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification evidence.
Before: Florio, J.P., Krausman, Mastro and Dillon, JJ., concur.
Ordered that the judgments are affirmed.
The record of the pretrial Wade hearing ( see United States v Wade, 388 US 218) supports the hearing court's determination that the undercover officer's identification of the defendant from a single photograph was merely confirmatory ( see People v Wharton, 74 NY2d 921, 923; People v Smith, 293 AD2d 764, 765; People v Polk, 284 AD2d 416, 417; People v Almonte, 181 AD2d 736).
The defendant received the effective assistance of counsel ( see People v Baldi, 54 NY2d 137). The defendant failed to demonstrate the absence of strategic or other legitimate explanations for her counsel's alleged failures in representation ( see People v Martinez, 17 AD3d 484, 484-485).
Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).
The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).
The defendant's remaining contentions are without merit.