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People v. White

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 516 (N.Y. App. Div. 1997)

Opinion

November 17, 1997

Appeal from the County Court, Rockland County (West, J.).


Ordered that the judgments are affirmed.

The photographic identification of the defendant was made by two trained, undercover police officers who, approximately two hours earlier, observed him during their face-to-face drug purchase transactions. Under these circumstances, the hearing court properly concluded that the single-photo identification was merely confirmatory ( see, People v. Montgomery, 88 N.Y.2d 926; People v. Dixon, 85 N.Y.2d 218; People v. Lane, 185 A.D.2d 282; People v. Polanco, 179 A.D.2d 531). Accordingly, the court did not err in summarily denying that branch of the defendant's omnibus motion which was to suppress the officers' identification testimony.

In view of our determination with respect to the defendant's conviction under Indictment No. 94-181, there is no basis for vacatur of his plea under Indictment NO. 94-270 ( cf., People v Clark, 45 N.Y.2d 432).

Ritter, J. P., Copertino, Florio and Luciano, JJ., concur.


Summaries of

People v. White

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 516 (N.Y. App. Div. 1997)
Case details for

People v. White

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRACY WHITE, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 17, 1997

Citations

244 A.D.2d 516 (N.Y. App. Div. 1997)
665 N.Y.S.2d 669