Opinion
November 2, 1995
Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).
The hearing court properly denied the motion to suppress based upon its acceptance of the police officer's hearing testimony. There was nothing incredible about the officer's testimony that he could observe defendant passing a white glassine envelope of heroin to a buyer from a distance of approximately 75 feet on a clear sunny day with nothing obstructing his view ( cf., People v Basile, 174 A.D.2d 472, lv denied 78 N.Y.2d 1073). Defendant's remaining contentions are unpreserved and, in any event, without merit.
Concur — Ellerin, J.P., Wallach, Nardelli and Williams, JJ.