Opinion
Argued November 12, 1999
December 13, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered October 21, 1997, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, 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.
M. Sue Wycoff, New York, N.Y. (Lorca Morello of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Young C. Lee of counsel; Randi Korobelnik on the brief), for respondent.
LAWRENCE J. BRACKEN, J.P., GABRIEL M. KRAUSMAN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The hearing court properly declined to suppress the undercover police officer's showup identification of the defendant. The court's finding that the undercover officer's viewing was confirmatory in nature should not be disturbed (see, People v. Morales, 37 N.Y.2d 262, 271 ). Although a month had elapsed between the drug sale and the arrest, the showup occurred minutes after the undercover officer spontaneously identified the defendant as he was entering a building in the area where the sale had taken place (see, People v. King, 221 A.D.2d 370 ; People v. Bazelias, 220 A.D.2d 443 ; People v. Martindale, 202 A.D.2d 158 ).
BRACKEN, J.P., KRAUSMAN, McGINITY, and SCHMIDT, JJ., concur.