dissenting.
Detective Biello testified: (1) that on September 30th he purchased cocaine from appellant, and (2) that at the time of arrest as soon as he observed appellant, "I knew exactly who he was.”
On appeal the evidence must be construed most favorably to upholding of the findings and judgment made. State v. Smith, 134 Ga. App. 602 (215 SE2d 345) (1975). We may not consider credibility of the witnesses, weight of testimony and resolution of any inconsistencies or conflicts as this is a matter for the trial court.
From a totality of the circumstances, it cannot be said that the evidence demands a finding of a likelihood of a tainted misidentification. There is some competent evidence to support the trial court, and I would respectfully affirm.
I am authorized to state that Chief Judge Bell, Judge McMurray and Judge Banke join in this dissent.