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People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
May 14, 2001
283 A.D.2d 514 (N.Y. App. Div. 2001)

Opinion

Submitted April 23, 2001.

May 14, 2001.

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.

Laurice Firenze, Melville, N.Y., for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Guy Arcidiacono of counsel), for respondent.

Before: S. MILLER, J.P., McGINITY, LUCIANO and TOWNES, JJ.


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 U.S. 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 N.Y.2d 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 A.D.2d 500).

The defendant's remaining contentions are without merit.


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
May 14, 2001
283 A.D.2d 514 (N.Y. App. Div. 2001)
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. GREGORY CARTER, APPELLANT. (IND. NO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 14, 2001

Citations

283 A.D.2d 514 (N.Y. App. Div. 2001)
724 N.Y.S.2d 866

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