Opinion
February 2, 1993
Appeal from the Supreme Court, New York County (Jay Gold, J.).
During a buy operation, defendant directed an undercover officer to 523 West 160th Street where he purchased 24 grams of cocaine. The undercover officer again purchased cocaine from the same apartment. The defendant was not a party to the second sale.
However, after the officers arrested the occupants of the apartment following the second sale, they also arrested the defendant who was subsequently charged based upon his actions in the first sale.
The trial court properly denied defendant's motion to suppress the station house identification because it was confirmatory even though occurring more than three weeks after the charged crime (see, People v Sweeper, 165 A.D.2d 691, lv denied 80 N.Y.2d 839). In addition, the trial court properly disallowed cross-examination with respect to a search warrant incidental to the first purchase as irrelevant (see, People v Hults, 76 N.Y.2d 190, 199).
Lastly, the People proved the defendant's guilt beyond a reasonable doubt since the evidence showed that he instigated the sale and did not exhibit any agent-like behavior (see, People v Lam Lek Chong, 45 N.Y.2d 64, 74-75).
Concur — Murphy, P.J., Wallach, Ross and Asch, JJ.