People v. Hunt

The defendant argues that his trial counsel’s failure to request a Wade hearing deprived him of his constitutional right to the effective assistance of counsel. However, an officer’s confirmatory viewing is not a police-arranged identification procedure. Therefore, no Wade hearing is required (see, People v Morales, 37 NY2d 262; People v Leacraft, 128 AD2d 640). Moreover, since the police officer observed the defendant while engaged in a face-to-face sales transaction with him, she had an independent basis for her in-court identification (see, People v Williams, 87 AD2d 876, 877). Nor can it…