PEOPLE v. REYES (1998)

Judgment, Supreme Court, Bronx County (Dominic Massaro, J., on motion;  Gerald Sheindlin, J., at plea and sentence), rendered February 14, 1997, convicting defendant of criminal sale of a controlled substance in the second degree, and sentencing him to a term of 4 years to life, unanimously affirmed.

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, 372 N.Y.S.2d 25, 333 N.E.2d 339, with People v. Gordon, 76 N.Y.2d 595, 561 N.Y.S.2d 903, 563 N.E.2d 274).

MEMORANDUM DECISION.