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264 A.D.2d 660

People v. Alvarez

Appellate Division of the Supreme Court of the State of New York · decided 1999-09-28

Cited by 1 later decisions — most recently October 2001

Good law ✅— No negative treatment on recordhow we know

Decided 1999-09-28

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¶1Judgment, Supreme Court, New York County (George Roberts, J., on suppression motion; James Leff, J., at plea and sentence), rendered April 1, 1996, convicting defendant of criminal sale of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 9 years to life, unanimously affirmed.

¶2Summary denial of defendant’s motion to suppress identifica*661tion testimony was proper. The parties’ submissions did not raise any factual issue requiring a Wade hearing. The identifications in this ongoing undercover operation were clearly confirmatory (see, People v Prekuli, 256 AD2d 77, lv denied 93 NY2d 877; People v Montgomery, 213 AD2d 563, 564, affd 88 NY2d 926; People v Harewood, 206 AD2d 437, lv denied 84 NY2d 1032).

¶3We perceive no abuse of sentencing discretion. Concur— Rosenberger, J. P., Williams, Rubin, Saxe and Buckley, JJ.

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