Appellate Division of the Supreme Court of New York, 2001

People v. Carter

Appellate Division of the Supreme Court of New York · Decided May 14, 2001

283 A.D.2d 514; 724 N.Y.S.2d 866; 2001 N.Y. App. Div. LEXIS 5020

Cases that cite this one

1 later published case cites this decision.

People v. Rodriguez (Appellate Division of the Supreme Court of New York 2002)

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Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Klein, J.), rendered May 21, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is affirmed.

The Supreme Court properly denied the defendant’s motion for a Wade hearing (see, United States v Wade, 388 US 218) upon finding that the confirmatory identification of the defendant was made by undercover officers at the police precinct three hours after the arrest (see, People v Wharton, 74 NY2d 921, 923). The dangers of misidentification are greatly reduced when those who view the suspect are law enforcement officers *515trained to be accurate and objective in their observations (see, People v McDonald, 147 AD2d 500).

The defendant’s remaining contentions are without merit. S. Miller, J. P., McGinity, Luciano and Townes, JJ., concur.

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