PEOPLE v. SOTO


22 A.D.3d 511 (2005)

803 N.Y.S.2d 88

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO SOTO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 3, 2005.


Ordered that the judgment is affirmed.

The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress the identification testimony of the undercover officer who purchased cocaine from him. The undercover officer's photo identification of the defendant approximately 40 minutes after the drug sale was an integral part of proper police procedure (see People v Smith, 293 A.D.2d 764 [2002...

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