| People v Marchan |
| 2007 NY Slip Op 00379 [36 AD3d 499] |
| January 18, 2007 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Marcel Marchan, Appellant. |
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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 NY2d 921 [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 NY3d 427 [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 NY2d 445 [1982]).
We have considered and rejected defendant's remaining arguments. Concur—Tom, J.P., Friedman, Nardelli, Catterson and Malone, JJ.