Opinion
June 13, 2000.
Judgments, Supreme Court, New York County (Renee White, J., atWade hearing; Colleen McMahon J., at pleas and sentence), rendered August 6, 1997, convicting defendant of attempted robbery in the first degree and criminal sale of a firearm in the third degree, and sentencing him, as a second violent felony offender, to consecutive terms of 8 years and 1 1/2 to 3 years, respectively, unanimously affirmed.
Frank Glaser, for respondent.
Lorca Morello, for defendant-appellant.
Before: Rosenberger, J.P., Nardelli, Ellerin, Andrias, Saxe, JJ.
Defendant's suppression motion was properly denied. The hearing court properly found that the showup identification of defendant by an undercover officer four months after his last transaction with defendant was confirmatory. Although the police procedure employed was not of the type contemplated by People v. Wharton ( 74 N.Y.2d 921), there was no risk of misidentification because the officer thoroughly familiarized himself with defendant's appearance and came to know him by his first name (see, People v. Prekuli, 256 A.D.2d 77, lv denied 93 N.Y.2d 877; People v. Harrell, 208 A.D.2d 647, lv denied 85 N.Y.2d 862). The trained and experienced officer met with defendant and negotiated the purchase of weapons, initially for a period of 20-25 minutes and then four days later for another 30-35 minutes, under conditions that were conducive to observation. The record fails to support defendant's contention that the People's theory at the suppression hearing and the court's ruling were limited to the assertion that the identification was of the precise type approved in Wharton.
We perceive no abuse of sentencing discretion.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.