Appellate Division of the Supreme Court of New York, 1992

People v. Johnson

People v. Johnson
Appellate Division of the Supreme Court of New York · Decided October 8, 1992
186 A.D.2d 389; 588 N.Y.S.2d 183; 1992 N.Y. App. Div. LEXIS 11212
People v. Johnson

Opinion of the Court

— Judgment, Supreme Court, New York County (Robert M. Haft, J., at suppression hearing and jury trial), rendered May 16, 1990, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a predicate felony offender, to a term of 5 to 10 years, unanimously affirmed.

The hearing court properly held that the precinct showup identification, made by an undercover officer trained to be accurate and objective in observation, within three hours of *390defendant’s face-to-face narcotics sale to that officer, was sufficiently connected and contemporaneous to the arrest to be considered confirmatory in nature (People v Wharton, 74 NY2d 921, 922-923). Contrary to defendant’s argument, a drive-by confirmatory identification is not a necessary precondition to a finding that a subsequent station house identification is confirmatory in nature (People v Roberts, 169 AD2d 284, 290, affd 79 NY2d 964).

We have considered defendant’s additional arguments and find them to be without merit. Concur — Carro, J. P., Wallach, Ross and Asch, JJ.

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