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PEOPLE v. MARCHAN

36 A.D.3d 499 (2007)

831 N.Y.S.2d 111

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCEL MARCHAN, Appellant.

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

Decided January 18, 2007.

The court properly denied, without a hearing, defendant's motion to suppress identification evidence. Defendant never disputed the People's allegation that the identifications were confirmatory in that they occurred immediately after the drug transaction, as a planned and integral part of the police procedure (see People v Wharton, 74 N.Y.2d 921 [1989]). The identification procedures were indistinguishable from those found in

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