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PEOPLE v. DAVIS

289 A.D.2d 134 (2001)

734 N.Y.S.2d 447

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE DAVIS, Appellant.

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

Decided December 20, 2001.

Defendant's motion to suppress identification testimony was properly denied without a hearing. The information presented to the motion court clearly established that the viewing of defendant by the observing officer in this observation sale case was a confirmatory identification for which no Wade hearing was required (see, People v Wharton, 74 N.Y.2d 921; People v Rampersant, 272 A.D.2d 202

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