People v. Garner

Judgment, Supreme Court, New York County (Michael R. Ambrecht, J., at suppression hearing; Arlene R. Silverman, J., at plea and sentence), rendered September 11, 2007, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 3V2 years, unanimously affirmed.

The court properly denied defendant’s motion to suppress identification testimony. As part of a long-term operation, an undercover officer made a drug buy from defendant and identified him from a photo array six weeks later, and from a lineup two…