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PEOPLE v. BENNETT

31 A.D.3d 780 (2006)

818 N.Y.S.2d 479

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROHAN BENNETT, Appellant.

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

July 25, 2006.

Ordered that the judgments are affirmed.

The record of the pretrial Wade hearing (see United States v Wade, 388 U.S. 218 [1967]) supports the hearing court's determination that the undercover officer's identification of the defendant from a single photograph was merely confirmatory (see People v Wharton, 74 N.Y.2d 921, 923 [1989]; People v Smith, 293 A...

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