Opinion
November 13, 2000.
Appeal from Judgment of Wayne County Court, Sirkin, J. — Criminal Sale Controlled Substance, 3rd Degree.
PRESENT: PINE, J. P., HAYES, WISNER, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
We reject the contention of defendant that County Court erred in denying his suppression motion following a Wade hearing. The single photograph identification procedure was not unduly suggestive; the police officer's identification of defendant from that photograph two hours after observing defendant during a face-to-face drug transaction was merely confirmatory, and thus there was no need for a Wade hearing ( see, People v. Montgomery, 213 A.D.2d 563, 564, affd 88 N.Y.2d 926; People v. Wharton, 74 N.Y.2d 921, 922-923; People v. Chavys,; 263 A.D.2d 964, 965, lv denied 94 N.Y.2d 821; People v. Miles, 219 A.D.2d 685, 686-687, lv denied 87 N.Y.2d 905, 88 N.Y.2d 968). The sentence is not unduly harsh or severe.