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PEOPLE v. ALSTON

279 A.D.2d 415 (2001)

719 N.Y.S.2d 566

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS ALSTON, Appellant.

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

Decided January 25, 2001.

Defendant's motion to suppress identification testimony was properly denied without a hearing (see, People v Wharton, 74 N.Y.2d 921). The observing officer radioed defendant's description to a backup officer who apprehended defendant, after an attempt at flight, shortly thereafter. The identification by the observing officer three hours after the sale, upon the completion of the observation post operation, was a confirmatory police...

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