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PEOPLE v. HOUSTON

47 A.D.3d 424 (2008)

848 N.Y.S.2d 656

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ED HOUSTON, Appellant.

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

Decided January 8, 2008.

The court properly denied defendant's motion to suppress identification testimony, without granting a hearing. Defendant did not preserve his argument that the People failed to provide the motion court with enough information upon which to conclude that the viewing of defendant in this observation sale case was a confirmatory identification for which no Wade hearing was required (see People v Wharton,

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