People v. Mota

Judgment, Supreme Court, New York County (Patricia Williams, J.), rendered December 5, 1994, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s claim that the court erred in not suppressing the undercover officer’s confirmatory identification of defendant is not preserved by appropriate argument at the hearing (People v Brimage, 214 AD2d 454 , lv denied 86 NY2d 732 ), and we decline to review it in the interest of justice.

The existing record, which defendant has not yet sought to amplify by way of a motion pursuant to CPL 440.10, does not negate all possible explanations for counsel’s failure to present specific arguments regarding the suppression issues in question (People v Rivera, 71 NY2d 705 ). Concur—Murphy, P. J., Wallach, Nardelli, Tom and Colabella, JJ.