People v Marchan

People v Marchan 2007 NY Slip Op 00379 [36 AD3d 499] January 18, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 14, 2007

The People of the State of New York, Respondent,
v
Marcel Marchan, Appellant.

—[*1] The Law Office of Tina Kansas, New York (Tina Kansas of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Jung Park of counsel), for respondent.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered August 18, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The court properly denied, without a hearing, defendant's motion to suppress identification evidence. Defendant never disputed the People's allegation that the identifications were confirmatory in that they occurred immediately after the drug transaction, as a planned and integral part of the police procedure (see People v Wharton, 74 NY2d 921 [1989]). The identification procedures were indistinguishable from those found in Wharton to be confirmatory and exempt from the requirement of a hearing (compare People v Boyer, 6 NY3d 427 [2006]).

The court correctly concluded that, by raising an issue to which the evidence in question was directly relevant, defendant opened the door to evidence about a large quantity of cash, other than prerecorded buy money, that was recovered from his person (see People v Melendez, 55 NY2d 445 [1982]).

We have considered and rejected defendant's remaining arguments. Concur—Tom, J.P., Friedman, Nardelli, Catterson and Malone, JJ.