Opinion
June 19, 1995
Appeal from the County Court, Westchester County (West, J.).
Ordered that the judgment is affirmed.
On November 20, 1991, an undercover police officer purchased illegal drugs from the defendant and, within two hours of the sale, identified him from a single photograph. The County Court properly denied the branch of the defendant's omnibus motion which was for a Wade hearing because the single-photograph identification was merely confirmatory (see, People v. Bellamy, 215 A.D.2d 572; People v. Montgomery, 213 A.D.2d 563; see also, People v. Wharton, 74 N.Y.2d 921, 922-923; People v. Lane, 185 A.D.2d 282, 283-284).
The defendant's sentence is not excessive (see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit. Sullivan, J.P., Miller, Thompson and Joy, JJ., concur.