Opinion
2003-10851.
June 27, 2005.
Appeal by the defendant from a judgment of the County Court, Westchester County (Adler, J.), rendered November 6, 2003, convicting him of criminal possession of stolen property in the third degree, unauthorized use of a motor vehicle in the third degree, and resisting arrest, upon a jury verdict, and imposing sentence.
Stephen J. Pittari, White Plains, N.Y. (Jacqueline F. Oliva of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Thomas K. Chong and Richard Longworth Hecht of counsel), for respondent.
Before: Cozier, J.P., Ritter, Santucci and Luciano, JJ., concur.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the challenged identification procedure was merely confirmatory ( see People v. Rodriguez, 79 NY2d 445; People v. Wharton, 74 NY2d 921). Thus, the notice and hearing requirements of CPL 710.30 were inapplicable ( see People v. Kahley, 214 AD2d 960).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.