Appellate Division of the Supreme Court of New York, 1998

People v. Reyes

Appellate Division of the Supreme Court of New York · Decided December 29, 1998

256 A.D.2d 242; 682 N.Y.S.2d 190; 1998 N.Y. App. Div. LEXIS 13914

Cases that cite this one

3 later published cases cite this decision.

Alvarez v. Fischer (District Court, S.D. New York 2001)
People v. Madrigal (Appellate Division of the Supreme Court of New York 2005)
People v. Quinones (Appellate Division of the Supreme Court of New York 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment, Supreme Court, Bronx County (Dominic Massaro, J., on motion; Gerald Sheindlin, J., at plea and sentence), rendered February 14, 1997, convicting defendant of criminal sale of a controlled substance in the second degree, and sentencing him to a term of 4 years to life, unanimously affirmed.

Defendant’s motion to suppress identification testimony was *243properly denied without a hearing. A Wade hearing was not required in light of the confirmatory identification by the undercover police officer who had had an opportunity to observe defendant, in a lengthy face-to-face encounter, while negotiating over the price and quantity, and ultimately weighing and purchasing a substantial amount of drugs. The identification was not rendered unreliable by the eight-day lapse between that encounter and the showup such as to disqualify it for treatment as confirmatory (compare, People v Morales, 37 NY2d 262, with People v Gordon, 76 NY2d 595). Concur — Lerner, P. J., Wallach, Tom and Andrias, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.