People v. Newball

*554The defendant moved prior to trial to suppress identification testimony given by a "backup” police officer in the so-called "buy and bust” operation which resulted in the instant prosecution. The defendant asserted that this police officer’s testimony should be precluded because of the People’s alleged noncompliance with CPL 710.30. We find that the trial court properly permitted the testimony. Under the circumstances of this case, this police officer’s identification testimony did not fall within the intendment of the statute (see, People v Gissendanner, 48 NY2d 543; see also, People v…