Opinion
April 17, 1989
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).
The trial court properly denied the defendant's motion for a Wade hearing. The station house viewing of the defendant by the undercover officer who a day earlier had made a "buy" from him was not for identification but solely to confirm that the proper person had been arrested (see, People v. Morales, 37 N.Y.2d 262).
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
We find that the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is without merit. Thompson, J.P., Lawrence, Eiber and Spatt, JJ., concur.