Appeals by the defendant from two judgments of the County Court, Westchester County (Adler, J.), both rendered December 17, 2001, convicting him of criminal sale of a controlled substance in the third degree (four counts) and criminal possession of a controlled substance in the third degree (four counts), upon a jury verdict, under indictment No. 01-00059, and attempted criminal possession of a controlled substance in the third degree, upon his plea of guilty, under superior court information No. 01-01557, and imposing sentences. The appeal from the judgment rendered under indictment No. 01-00059 brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification evidence.
Ordered that the judgments are affirmed.
The record of the pretrial Wade hearing (see United States v Wade, 388 US 218 [1967]) supports the hearing court’s determination that the undercover officer’s identification of the defendant from a single photograph was merely confirmatory (see People v Wharton, 74 NY2d 921, 923 [1989]; People v Smith, 293 AD2d 764, 765 [2002]; People v Polk, 284 AD2d 416, 417 [2001]; People v Almonte, 181 AD2d 736 [1992]).
The defendant received the effective assistance of counsel (see
Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant’s remaining contentions are without merit. Florio, J.E, Krausman, Mastro and Dillon, JJ., concur.