Opinion
October 28, 1993
Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).
This conviction arises out of a "buy-and-bust" operation, in which the defendant sold a vial of cocaine to an undercover police officer in exchange for a 10 dollar bill in prerecorded "buy money". After completing that transaction, the undercover transmitted the description and location of defendant to the backup team, which quickly took defendant into custody. Soon thereafter, the undercover passed by in a car and confirmed the identity of defendant. In a search incident to arrest, the police recovered the prerecorded money from defendant.
Defendant's challenge of the summary denial of his pretrial motion, which sought suppression of physical evidence and identification testimony, or, alternatively, a Dunaway/Mapp hearing, is without merit since he failed to allege facts sufficient to support the relief requested (CPL 710.60 [b]; People v. Rodriguez, 172 A.D.2d 191, lv denied 78 N.Y.2d 926).
Further, Criminal Term correctly denied a hearing as to the prospective identification testimony of the undercover officer, since confirmatory identifications by police are generally not subject to suggestiveness (supra).
We find the sentence excessive to the extent indicated.
Concur — Carro, J.P., Rosenberger, Ellerin and Kassal, JJ.