PEOPLE v. ALVAREZ (1999)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Carlos ALVAREZ, Defendant-Appellant.

Decided: September 28, 1999

ROSENBERGER, J.P., WILLIAMS, RUBIN, SAXE and BUCKLEY, JJ.

Erin Koenen, for Respondent. Mark W. Zeno, for Defendant-Appellant.

Judgment, Supreme Court, New York County (George Roberts, J., on suppression motion; James Leff, J., at plea and sentence), rendered April 1, 1996, convicting defendant, of criminal sale of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 9 years to life, unanimously affirmed.

Summary denial of defendant's motion to suppress identification testimony was proper. The parties' submissions did not raise any factual issue requiring a Wade hearing. The identifications in this ongoing undercover operation were clearly confirmatory (see, People v. Prekuli, 256 A.D.2d 77, 682 N.Y.S.2d 152, lv. denied 93 N.Y.2d 877, 689 N.Y.S.2d 439, 711 N.E.2d 653; People v. Montgomery, 213 A.D.2d 563, 564, 623 N.Y.S.2d 921, affd. 88 N.Y.2d 926, 647 N.Y.S.2d 162, 670 N.E.2d 446; People v. Harewood, 206 A.D.2d 437, 614 N.Y.S.2d 544, lv. denied 84 N.Y.2d 1032, 623 N.Y.S.2d 188, 647 N.E.2d 460).

We perceive no abuse of sentencing discretion.

MEMORANDUM DECISION.

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