Summary
In Reyes, for example, because the transaction had been "a lengthy face-to-face encounter," a motion to suppress was denied without a hearing where the identification was eight days after the transaction.
Summary of this case from Alvarez v. FischerOpinion
December 29, 1998
Appeal from the Supreme Court, Bronx County (Dominic Massaro, J.).
Defendant's motion to suppress identification testimony was properly denied without a hearing. A Wade hearing was not required in light of the confirmatory identification by the undercover police officer who had had an opportunity to observe defendant, in a lengthy face-to-face encounter, while negotiating over the price and quantity, and ultimately weighing and purchasing a substantial amount of drugs. The identification was not rendered unreliable by the eight-day lapse between that encounter and the showup such as to disqualify it for treatment as confirmatory ( compare, People v. Morales, 37 N.Y.2d 262, with People v. Gordon, 76 N.Y.2d 595).
Concur — Lerner, P. J., Wallach, Tom and Andrias, JJ.