Opinion
7965.
February 28, 2006.
Judgment, Supreme Court, New York County (Herbert I. Altman, J., at hearing; John Cataldo, J., at plea and sentence), rendered February 7, 2003, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.
Edward Hamlin, New York, for appellant.
Robert M. Morgenthau, District Attorney, New York (Andrew Zakrocki of counsel), for respondent.
Before: Tom, J.P., Mazzarelli, Sullivan, Sweeny and Malone, JJ.
The court properly denied defendant's motion to suppress identification evidence. There is no basis for disturbing the court's credibility determinations, which are supported by the record ( see People v. Prochilo, 41 NY2d 759, 761). The court properly resolved a conflict between two officers' recollections as to the circumstances of a photographic identification, and the record also supports the court's findings as to the subsequent identifications.