Peoplev.Wilson

Appellate Division of the Supreme Court of New York, Second DepartmentDec 20, 1999
267 A.D.2d 409 (N.Y. App. Div. 1999)
267 A.D.2d 409700 N.Y.S.2d 745

Argued November 22, 1999

December 20, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered July 22, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Murray E. Singer, Forest Hills, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Gary Fidel, and Emil Bricker of counsel), for respondent.

FRED T. SANTUCCI, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN and SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The Supreme Court properly denied the defendant's application to preclude the identification testimony of the undercover officer who was the so-called "ghost" in this buy and bust operation. The ghost was a trained undercover officer who observed the defendant during the drug transaction, with the knowledge that the defendant would shortly thereafter be arrested (see, People v. Broadwater, 248 A.D.2d 719 ). Moreover, the post-arrest viewing of the defendant "occurred at a place and time sufficiently connected and contemporaneous to the arrest itself as to constitute the ordinary and proper completion of an integral police procedure" (People v. Wharton, 74 N.Y.2d 921, 922-923 ; see also, People v. Broadwater, supra).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

SANTUCCI, J.P., JOY, GOLDSTEIN, and FEUERSTEIN, JJ., concur.