The People of the State of New York, Respondent, v. J.C. McCrary, Appellant

The People of the State of New York, Respondent, v J.C. McCrary, Appellant. [614 NYS2d 209] [MAJORITY] —Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered January 28, 1992, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree (two counts), and criminal possession of a controlled substance in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony. Ordered that the judgment is affirmed. The hearing court properly denied suppression of the confidential informant’s identification of the defendant. The informant identified the defendant as the individual from whom he purchased cocaine when he saw the defendant moments after the transaction and at the location of the sale. Thereafter, the informant spontaneously identified the defendant in the police parking lot. Neither identification was arranged by the police, and, in any event, the second viewing was merely confirmatory, since the informant had already identified the defendant (see, People v Ravenell, 179 AD2d 788; People v Harris, 171 AD2d 882). In addition, the defendant received the effective assistance of counsel. The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. Thompson, J. P., Rosenblatt, Pizzuto and Florio, JJ., concur.