| People v Hernandez |
| 2018 NY Slip Op 02023 [159 AD3d 580] |
| March 22, 2018 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Ramon Hernandez, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), forappellant.
Darcel D. Clark, District Attorney, Bronx (David A. Slott of counsel), for respondent.
Judgment, Supreme County, Bronx County (William C. Donnino, J. at suppression hearing;Denis J. Boyle, J. at plea and sentencing), rendered October 14, 1998, convicting defendant ofthree counts of criminal sale of a controlled substance in the third degree, and sentencing him toconcurrent terms of 1
The court properly denied defendant's motion to suppress a showup identification by anundercover officer. Although 11 days had elapsed from the time of the drug sale until theundercover officer fortuitously recognized defendant on the street, the showup occurred fiveminutes after the officer's spontaneous identification. Accordingly, the showup was essentiallyconfirmatory, and in any event could not have created a substantial likelihood of irreparablemisidentification (see e.g. People v McCray, 298 AD2d 203, 204 [1st Dept 2002],lv denied 99 NY2d 583 [2003]; People v Hewitt, 267 AD2d 326 [2d Dept 1999],lv denied 94 NY2d 903 [2000]).
We have considered and rejected defendant's argument that the undercover officer'stestimony about the identification procedure was insufficient to satisfy the People's burden at thehearing. Concur—Renwick, J.P., Manzanet-Daniels, Kahn, Kern, Singh, JJ.