Judgment unanimously modified as a matter of discretion in the interest of justice and, as modified, affirmed.
Memorandum:
Defendant was convicted after a trial without a jury for criminal possession of a controlled substance in the third degree (Penal Law, § 220.16) and criminal sale of a controlled substance in the third degree (Penal Law, § 220.39). We find no error in the court's denial of defendant's motion to suppress identification testimony...
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