PEOPLE v. MARCHAN (2007)

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered August 18, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

 The court properly denied, without a hearing, defendant's motion to suppress identification evidence.   Defendant never disputed the People's allegation that the identifications were confirmatory in that they occurred immediately after the drug transaction, as a planned and integral part of the police procedure (see People v. Wharton, 74 N.Y.2d 921, 550 N.Y.S.2d 260, 549 N.E.2d 462 [1989] ).   The identification procedures were indistinguishable from those found in Wharton to be confirmatory and exempt from the requirement of a hearing (compare People v. Boyer, 6 N.Y.3d 427, 813 N.Y.S.2d 31, 846 N.E.2d 461 [2006] ).

 The court correctly concluded that, by raising an issue to which the evidence in question was directly relevant, defendant opened the door to evidence about a large quantity of cash, other than prerecorded buy money, that was recovered from his person (see People v. Melendez, 55 N.Y.2d 445, 449 N.Y.S.2d 946, 434 N.E.2d 1324 [1982] ).

We have considered and rejected defendant's remaining arguments.