Opinion
December 27, 2000.
Appeal from Judgment of Wayne County Court, Parenti, J. — Criminal Possession Controlled Substance, 3rd Degree.
PRESENT: PINE, J. P., WISNER, HURLBUTT AND KEHOE, JJ.
Judgment unanimously affirmed.
Memorandum:
Contrary to the contention of defendant, County Court properly denied his suppression motion. The court properly determined that the undercover officer's viewing of defendant's photograph approximately 10 minutes after the drug transaction constituted a confirmatory identification ( see, People v. Johnson, 213 A.D.2d 1067, lv denied 85 N.Y.2d 939; see also, People v. Wharton, 74 N.Y.2d 921, 922-923). The bargained-for sentence is neither unduly harsh nor severe.