People v. Smith
| Decision Date | 29 April 2002 |
| Citation | 741 N.Y.S.2d 448,293 A.D.2d 764 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>JAMES SMITH, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant's contention that his conviction should be reversed because of an alleged jurisdictional defect in the felony complaint is unpreserved for appellate review (see CPL 470.05 [2]). In any event, the contention is without merit. Even if the felony complaint was defective, it was superseded by a valid indictment (see People v Wilkens, 176 AD2d 978).
Furthermore, the court properly denied, without a Wade hearing (see United States v Wade, 388 US 218), the defendant's motion to suppress the identification testimony of the undercover officer who purchased cocaine from him. The undercover officer's photo identification of the defendant within one-half hour of the drug sale was an integral part of proper police procedure (see People v Banks, 242 AD2d 726; People v Miles, 219 AD2d 685; People v Montgomery, 213 AD2d 563, affd 88 NY2d 926). Accordingly, the court permissibly summarily determined that the identification was merely confirmatory (see People v Wharton, 74 NY2d 921).
Finally, the defendant was afforded the effective assistance of counsel. The record indicates that defense counsel implemented a reasonable defense strategy throughout all phases of the proceedings (see People v Hobot, 84 NY2d 1021, 1022).
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...within a short time after an officer's personal observation of a defendant during a planned drug sale (see People v. Smith, 293 A.D.2d 764, 765, 741 N.Y.S.2d 448 [2002], lv. denied 98 N.Y.2d 713, 749 N.Y.S.2d 11, 778 N.E.2d 562 [2002] ; People v. Banks, 242 A.D.2d at 727, 663 N.Y.S.2d 46 ; ......
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...within a short time after an officer's personal observation of a defendant during a planned drug sale ( see People v. Smith, 293 A.D.2d 764, 765, 741 N.Y.S.2d 448 [2002], lv. denied 98 N.Y.2d 713, 749 N.Y.S.2d 11, 778 N.E.2d 562 [2002]; People v. Banks, 242 A.D.2d at 727, 663 N.Y.S.2d 46; P......
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...of the felony complaint before the Supreme Court (see People v. Clark, 194 A.D.3d 948, 951, 149 N.Y.S.3d 174 ; People v. Smith, 293 A.D.2d 764, 765, 741 N.Y.S.2d 448 ). In any event, the defendant was convicted upon his plea of guilty to a valid superior court information, which superseded ......
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