PEOPLE v. HEWITT


267 A.D.2d 326 (1999)

699 N.Y.S.2d 882

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK HEWITT, Appellant.

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

Decided December 13, 1999.


Ordered that the judgment is affirmed.

The hearing court properly declined to suppress the undercover police officer's showup identification of the defendant. The court's finding that the undercover officer's viewing was confirmatory in nature should not be disturbed (see, People v Morales, 37 N.Y.2d 262, 271). Although a month had elapsed between the drug sale and the arrest, the showup occurred minutes after the undercover...

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