Citation Numbers: 221 A.D.2d 965, 634 N.Y.S.2d 328
Filed Date: 11/15/1995
Status: Precedential
Modified Date: 1/13/2022
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree. There is no merit to the contention of defendant that County Court erred in admitting identification testimony of a police officer who observed him sell heroin to an undercover officer during a "buy-bust” operation because the People failed to serve a CPL 710.30 notice advising defendant of such testimony. The court properly found that the officer’s identification of defendant at the prearranged meeting place a short time after the "buy-bust” occurred was merely confirmatory and, therefore, not subject to CPL 710.30 requirements (see, People v Rodriguez, 79 NY2d 445, 449; People v Wharton, 74 NY2d 921, 922-923; People v Reed, 197 AD2d 866, lv denied 82 NY2d 901; People v Guzman, 197 AD2d 705, lv denied 82 NY2d 896). Thus, no Wade hearing was required (see, People v Wharton, supra; People v Polanco, 179 AD2d 531, 532-533, affd 80 NY2d 1012).
We agree with defendant that the People’s failure to disclose