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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALQUILINO REYES, Appellant.

Defendant's motion to suppress identification testimony was properly denied without a hearing. A Wade hearing was not required in light of the confirmatory identification by the undercover police officer who had had an opportunity to observe defendant, in a lengthy face-to-face encounter, while negotiating over the price and quantity, and ultimately weighing and purchasing a substantial amount of drugs. The identification was not rendered unreliable by the eight-day lapse between that encounter and the showup such as to disqualify it for treatment as confirmatory ( compare, People v. Morales, 37 N.Y.2d 262, with People v. Gordon, 76 N.Y.2d 595).

Concur — Lerner, P. J., Wallach, Tom and Andrias, JJ.

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PEOPLE v. REYES
(Dec 29, 1998)