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People v. Monk

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 509 (N.Y. App. Div. 1997)

Opinion

November 17, 1997

Appeal from the Supreme Court, Westchester County (Cirigliano, J.).


Ordered that the judgment is affirmed.

The defendant was arrested in a so-called "buy and bust" operation after he sold cocaine to an undercover police officer. The undercover officer identified the defendant from a single photograph approximately 15 minutes after the first of two purchases.

Contrary to the defendant's assertion on appeal, the hearing court did not err in denying, without a hearing, that branch of the defendant's omnibus motion which was to suppress the undercover officer's identification testimony. The undercover officer's identification of the defendant was the ordinary and proper completion of an integral police procedure and merely confirmatory ( see, People v. Wharton, 74 N.Y.2d 921; People v Miles, 219 A.D.2d 685).

The defendant's sentence was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80, 85).

The defendant's remaining contention is without merit ( see, People v. Baldi, 54 N.Y.2d 137, 146; People v. Ghee, 153 A.D.2d 954, 955).

Miller, J. P., Ritter, Altman and Krausman, JJ., concur.


Summaries of

People v. Monk

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 509 (N.Y. App. Div. 1997)
Case details for

People v. Monk

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFTON MONK, Appellant

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

Date published: Nov 17, 1997

Citations

244 A.D.2d 509 (N.Y. App. Div. 1997)
665 N.Y.S.2d 670

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