PEOPLE v. DOLL

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

The PEOPLE of the State of New York, Respondent, v. Leroy DOLL, a/k/a Lee Daw, Defendant-Appellant.

Decided: January 28, 1997

Before NARDELLI, J.P., and RUBIN, MAZZARELLI and ANDRIAS, JJ. David M. Cohn, for respondent. Karen M. Kalikow, for defendant-appellant.

Judgment, Supreme Court, New York County (Ira Beal, J. at hearing;  Richard Carruthers, J., at jury trial), rendered June 30, 1994, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent prison terms of 6 to 12 years and 1 year, respectively, unanimously affirmed.

We find no merit to defendant's claim that the identification by the undercover officer should have been suppressed.   We agree with the hearing court that the officer's identification was confirmatory, notwithstanding that it took place several hours after the sale (People v. Wharton, 74 N.Y.2d 921, 550 N.Y.S.2d 260, 549 N.E.2d 462).   Moreover, the identification took place minutes after the undercover officer spontaneously recognized defendant on the street (see, People v. Hunter, 173 A.D.2d 321, 575 N.Y.S.2d 460, lv. denied 78 N.Y.2d 1012, 575 N.Y.S.2d 820, 581 N.E.2d 1066).

MEMORANDUM DECISION.