PEOPLE v. ALVAREZ

Summary denial of defendant's motion to suppress identification testimony was proper. The parties' submissions did not raise any factual issue requiring a Wade hearing. The identifications in this ongoing undercover operation were clearly confirmatory (see, People v. Prekuli, 256 A.D.2d 77, 682 N.Y.S.2d 152, lv denied 93 N.Y.2d 877; People v. Montgomery, 213 A.D.2d 563, 564,affd 88 N.Y.2d 926; People v. Harewood, 206 A.D.2d 437 lv denied 84 N.Y.2d 1032).

We perceive no abuse of sentencing discretion.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.