Opinion
December 30, 1991
Appeal from the Supreme Court, Kings County (Rienzi, J.).
Ordered that the judgment is affirmed.
A Wade hearing was not required since the station house showup was merely confirmatory (see, People v Wharton, 74 N.Y.2d 921, 922; People v Morales, 37 N.Y.2d 262). The undercover officer observed the defendant face-to-face during the drug transaction knowing that the defendant would soon be arrested. He again observed the defendant being arrested within minutes of the transaction, and at the station house two hours and 25 minutes after the defendant was arrested. Under these circumstances, a Wade hearing was not necessary (see, People v Wharton, supra; People v Jackson, 171 A.D.2d 756; People v McDaniel, 171 A.D.2d 460; cf., People v Gordon, 76 N.Y.2d 595).
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80, 85). Thompson, J.P., Bracken, Harwood and Copertino, JJ., concur.