People v. Alvarez, 264 A.D.2d 660 (N.Y. App. Div. 1999). · Go Syfert
Search
People v. Alvarez, 264 A.D.2d 660 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
5 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: Alvarez v. Fischer (nysd, 2001-10-18)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Alvarez v. Fischer
S.D.N.Y. · 2001 · confidence medium
On September 28, 1999, the State Appellate Division affirmed the trial court’s decision, ruling that “[t]he identifications in this ongoing undercover operation were clearly confirmatory.” People v. Alvarez, 264 A.D.2d 660 , 696 N.Y.S.2d 16, 17 (1999).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Carlos Alvarez
Appellate Division of the Supreme Court of the State of New York.
Sep 28, 1999.
264 A.D.2d 660
Cited by 1 opinion  |  Published

Judgment, Supreme Court, New York County (George Roberts, J., on suppression motion; James Leff, J., at plea and sentence), rendered April 1, 1996, convicting defendant of criminal sale of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 9 years to life, unanimously affirmed.

Summary denial of defendant’s motion to suppress identifica[*661] tion 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 AD2d 77, lv denied 93 NY2d 877; People v Montgomery, 213 AD2d 563, 564, affd 88 NY2d 926; People v Harewood, 206 AD2d 437, lv denied 84 NY2d 1032).

We perceive no abuse of sentencing discretion. Concur— Rosenberger, J. P., Williams, Rubin, Saxe and Buckley, JJ.