People v. Perez
| Decision Date | 29 December 1975 |
| Citation | 50 A.D.2d 908,377 N.Y.S.2d 564 |
| Parties | The PEOPLE, etc., Respondent, v. Roberto PEREZ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
William E. Hellerstein and William J. Gallagher, New York City (Elliot Schnapp, New York City, of counsel), for appellant.
Eugene Gold, Dist. Atty., Brooklyn (Helman R. Brook, Brooklyn, of counsel), for respondent.
Before LATHAM, Acting P.J., and COHALAN, MARGETT, BRENNAN and MUNDER, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 15, 1974, upon resentence, convicting him of criminally selling a dangerous drug in the third degree and criminal possession of a dangerous drug in the fourth and sixth degrees, upon a jury verdict, and imposing sentence.
Judgment affirmed.
The failure of the People to produce the memo book of the undercover cover police officer who purchased the heroin from defendant was sufficiently explained so as to remove any suggestion of bad faith on the part of the prosecution. It was therefore not error to require the defense to continue cross-examination of the officer without the memo book (cf. People v. Conroy, 34 N.Y.2d 917, 919, 359 N.Y.S.2d 551, 316 N.E.2d 868; United States v. Bryant, 142 U.S.App.D.C. 132, 439 F.2d 642, 651--652).
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