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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. SHAWN GLOVER, DEFENDANT-APPELLANT.

Judgment unanimously affirmed. Memorandum: County Court properly denied defendant's request for a Wade hearing because the factual predicate for the request is insufficient as a matter of law (see, CPL 710.60; People v. Rodriguez, 79 N.Y.2d 445, 452).

The viewing of photographs by the police officer before trial constituted trial preparation, not an identification procedure (see, People v. Morales, 248 A.D.2d 173, lv denied 92 N.Y.2d 857; see also, People v. Herner, 85 N.Y.2d 877, 879). The sentence is neither unduly harsh nor severe.

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PEOPLE v. GLOVER
(Nov 12, 1999)