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People v. Reyes

256 A.D.2d 242 Court N.Y. App. Div. Decision date 1998-12-29 English

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p. 242
The People of the State of New York, Respondent, v Alquilino Reyes, Appellant.
[682 NYS2d 190]

—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

p. 243
properly 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.

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