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PEOPLE v. SMITH

Appellate Division of the Supreme Court of New York, Second Department.
Jul 22, 1991

Ordered that the judgment is affirmed.

Under the circumstances of this case, it was unnecessary to hold a Wade hearing to determine the question of whether the undercover officer's post arrest viewing of the defendant constituted an improper identification procedure or was merely a confirmation of a previously established identification. Recognizing the expertise of police officers in identification situations, the facts of this case do not suggest any reasonable possibility that the officer's in-court identification of the defendant might have been influenced by the showup identification at the precinct which took place about two hours after the drug sale (see, People v Wharton, 74 N.Y.2d 921, 922-923; People v London, 160 A.D.2d 734, 735; cf., People v Baron, 159 A.D.2d 710, 711).

We have reviewed the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Kooper, Lawrence and Miller, JJ., concur.