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THE PEOPLE, ETC., respondent, v. DERRICK HEWITT, appellant. (Ind. No. 12868/96)

DECISION ORDER

ORDERED that the judgment is affirmed.

The hearing court properly declined to suppress the undercover police officer's showup identification of the defendant. The court's finding that the undercover officer's viewing was confirmatory in nature should not be disturbed (see, People v. Morales, 37 N.Y.2d 262, 271 ). Although a month had elapsed between the drug sale and the arrest, the showup occurred minutes after the undercover officer spontaneously identified the defendant as he was entering a building in the area where the sale had taken place (see, People v. King, 221 A.D.2d 370 ; People v. Bazelias, 220 A.D.2d 443 ; People v. Martindale, 202 A.D.2d 158 ).

BRACKEN, J.P., KRAUSMAN, McGINITY, and SCHMIDT, JJ., concur.

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PEOPLE v. HEWITT
(Dec 13, 1999)