People v. Alston

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered October 21, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s motion to suppress identification testimony was properly denied without a hearing (see, People v Wharton, 74 NY2d 921). The observing officer radioed defendant’s description to a backup officer who apprehended defendant, after an attempt at flight, shortly thereafter. The…