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PEOPLE v. BOOKER

Appellate Division of the Supreme Court of New York, Second Department.
Jul 11, 2005
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Ordered that the judgment is affirmed.

The defendant was videotaped selling crack cocaine to a purchaser who told police he knew the defendant from previous drug transactions over a two-year period. Under these circumstances, no notice pursuant to CPL 710.30 was required, because the identification was confirmatory in nature ( see People v. Tas, 51 NY2d 915, 916).

Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, 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).