Opinion
November 12, 1999
Appeal from Judgment of Monroe County Court, Marks, J. — Murder, 2nd Degree.
PRESENT: DENMAN, P. J., GREEN, PINE, SCUDDER AND CALLAHAN, JJ.
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.