PEOPLE v. HOWARD


206 A.D.2d 565 (1994)

615 N.Y.S.2d 1008

The People of the State of New York, Respondent, v. Jesse M. Howard, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 7, 1994


Defendant pleaded guilty to criminal sale of a controlled substance in the third degree and was sentenced as a second felony offender to a term of imprisonment of 4½ to 9 years. We reject defendant's contention that County Court erred in denying his motion to suppress identification testimony. The record supports County Court's determination that the photographic identification of defendant by an undercover police officer was confirmatory in nature and not unduly suggestive...

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