NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
October 20, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
CAPRIAN CARTER, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered December 4, 2007, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender whose prior conviction was a violent felony, to a term of 31/2 years, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Buckley, Catterson, Freedman, Abdus-Salaam, JJ.
The court properly denied defendant's motion to suppress identification testimony, without granting a hearing (see e.g. People v Wharton, 74 NY2d 921 ). "The information presented to the motion court clearly established that viewing of defendant by the [undercover] officer in this [standard buy-and-bust] case was a confirmatory identification for which no Wade hearing was required" (People v Davis, 289 AD2d 134, 135 , lv denied 97 NY2d 753 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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