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PEOPLE v. BENNETT

Appellate Division of the Supreme Court of New York, Second Department.
Jul 25, 2006
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Ordered that the judgments are affirmed.

The record of the pretrial Wade hearing ( see United States v Wade, 388 US 218) 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 NY2d 921, 923; People v Smith, 293 AD2d 764, 765; People v Polk, 284 AD2d 416, 417; People v Almonte, 181 AD2d 736).

The defendant received the effective assistance of counsel ( see People v Baldi, 54 NY2d 137). The defendant failed to demonstrate the absence of strategic or other legitimate explanations for her counsel's alleged failures in representation ( see People v Martinez, 17 AD3d 484, 484-485).

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).

The defendant's remaining contentions are without merit.