People v Carter
2009 NY Slip Op 07460 [66 AD3d 529]
October 20, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


The People of the State of New York, Respondent,
v
Caprian Carter, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Olivia Sohmer of counsel), for respondent.

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered December 4, 2007, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender whose prior conviction was a violent felony, to a term of 3½ years, unanimously affirmed.

The court properly denied defendant's motion to suppress identification testimony, without granting a hearing (see e.g. People v Wharton, 74 NY2d 921 [1989]). "The information presented to the motion court clearly established that the viewing of defendant by the [undercover] officer in this [standard buy-and-bust] case was a confirmatory identification for which no Wade hearing was required" (People v Davis, 289 AD2d 134, 135 [2001], lv denied 97 NY2d 753 [2002]). Concur—Tom, J.P., Buckley, Catterson, Freedman and Abdus-Salaam, JJ.