Opinion
June 7, 2001.
Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J. at suppression hearing; William Donnino, J. at plea and sentence), rendered January 21, 1999, convicting defendant of criminal sale of a controlled substance in the fifth degree, and sentencing him, as second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Asma J. Warsi, for respondent.
Jed Mathew Philwin, for defendant-appellant.
Before: Tom, J.P., Andrias, Ellerin, Wallach, Friedman, JJ.
Defendant's suppression motion was properly denied. The arresting officer's testimony regarding his receipt of transmissions from the undercover officer indicating a drug transaction, together with the detailed description of the seller and his location established probable cause to arrest defendant (People v. Allison, 270 A.D.2d 148, lv denied 95 N.Y.2d 792). When apprehended within seconds of the transmission, defendant was the only person present matching the description (see,People v. Rampersant, 272 A.D.2d 202, lv denied 95 N.Y.2d 870).
Defendant's claim that the identification by the undercover officer was the result of undue suggestion is not properly before this court since his motion for a Wade hearing was summarily denied, a determination that defendant does not challenge. In any event, the record clearly establishes that a proper confirmatory identification occurred (People v. Wharton, 74 N.Y.2d 921).
The record establishes that defendant was properly sentenced in accordance with his plea bargain and with Penal Law § 70.25[2-a]).