Appellate Division of the Supreme Court of New York, 2000

People v. Sparkman

People v. Sparkman
Appellate Division of the Supreme Court of New York · Decided December 27, 2000
278 A.D.2d 875; 718 N.Y.S.2d 908; 2000 N.Y. App. Div. LEXIS 13488
People v. Sparkman

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Judgment unanimously affirmed. Memorandum: Contrary to the contention of defendant, County Court properly denied his suppression motion. The court properly determined that the undercover officer’s viewing of defendant’s photograph approximately 10 *876minutes after the drug transaction constituted a confirmatory identification (see, People v Johnson, 213 AD2d 1067, lv denied 85 NY2d 939; see also, People v Wharton, 74 NY2d 921, 922-923). The bargained-for sentence is neither unduly harsh nor severe. (Appeal from Judgment of Wayne County Court, Parent!, J. — Criminal Possession Controlled Substance, 3rd Degree.) Present — Pine, J. P., Wisner, Hurlbutt and Kehoe, JJ.

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