Opinion
2001-04826
Submitted December 10, 2002.
December 30, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blackburne, J.), rendered May 15, 2001, as amended May 18, 2001, 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, after a hearing, of that branch of the defendant's omnibus motion which was to suppress identification testimony.
Scott Brettschneider, Kew Gardens, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Jeanette Lifschitz of counsel; Brian Michels on the brief), for respondent.
Before: DAVID S. RITTER, J.P., DANIEL F. LUCIANO, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment, as amended, is affirmed.
Contrary to the defendant's contention, the photographic identification of the defendant by an undercover police officer was not unduly suggestive (see People v. Blacknall, 216 A.D.2d 404).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
RITTER, J.P., LUCIANO, COZIER and RIVERA, JJ., concur.