People v. Watkins
| Citation | 67 A.D.2d 741,412 N.Y.S.2d 235 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Robert "Doe" WATKINS, Appellant. |
| Decision Date | 04 January 1979 |
| Court | New York Supreme Court — Appellate Division |
Carl J. Silverstein, Monticello, for appellant.
Joseph Jaffe, Sullivan County Dist. Atty., Monticello (Frank J. Labuda, Monticello, Asst. Dist. Atty., of counsel), for respondent.
Before GREENBLOTT, J. P., and STALEY, MAIN, MIKOLL and HERLIHY, JJ.
MEMORANDUM DECISION.Appeal from a judgment of the County Court of Sullivan County, rendered August 16, 1977, upon a verdict convicting defendant of the crime of criminal sale of a controlled substance in the third degree and sentencing him to an indeterminate term of imprisonment with a maximum of life and a minimum of four years.
As a result of an incident on Old Route 17 near Monticello, New York on August 13, 1976 wherein he allegedly sold four glassine envelopes containing heroin to an undercover agent in the presence of an informer, defendant was indicted by a Sullivan County Grand Jury for the crime of criminal sale of a controlled substance in the third degree (Penal Law, § 220.39, subd. 1). Following a jury trial, he was convicted of the crime as charged in the indictment, and he was thereafter sentenced to an indeterminate term of imprisonment with a maximum of life and a minimum of four years. This appeal ensued.
Seeking a reversal of his conviction, defendant initially argues that the undercover agent's in-court identification of him as the perpetrator of the crime was tainted by an improperly suggestive pretrial photographic identification procedure and without a valid independent source. We disagree. During the heroin purchase which was consummated in broad daylight on a summer afternoon, the undercover agent, a trained police officer, was seated next to the seller in an automobile for approximately 20 minutes and had ample opportunity to view him. Such being the case, even assuming Arguendo the impropriety of the later photographic identification, the agent's in-court identification of defendant clearly was independently based upon the face to face encounter at the time of the heroin sale and defendant's various attacks upon the agent's credibility do not alter our conclusion in this regard. Accordingly, a reversal is not warranted on this issue (see United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149; People v. Morales, 37 N.Y.2d 262, 372 N.Y.S.2d 25, 333 N.E.2d 339).
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People v. Molina
...986, 454 N.Y.S.2d 149 (2nd Dept.1982); People v. Angelo, 93 A.D.2d 264, 461 N.Y.S.2d 390 (2nd Dept.1983); People v. Watkins, 67 A.D.2d 741, 412 N.Y.S.2d 235 (3rd Dept.1979). But see, People v. Briggs, 81 A.D.2d 1017, 440 N.Y.S.2d 143 (4th Dept.1981) (ruling that alcohol blood sample was not......
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People v. Shepherd
...is often applied in New York. See e.g., People v. Saddy, 84 A.D.2d 175, 178, 445 N.Y.S.2d 601 (2d Dept.1981); People v. Watkins, 67 A.D.2d 741, 742, 412 N.Y.S.2d 235 (3d Dept.1979); People v. Perez, 50 A.D.2d 908, 377 N.Y.S.2d 564 (2d Dept.1975). Furthermore, this duty holds regardless of w......
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People v. Marrero
... ... The viewing was for the purpose of confirming that the right person had been arrested. Under the circumstances, the denial of a Wade hearing was not improper (see People v. Morales, 37 N.Y.2d 262, 271-272, 372 N.Y.S.2d 25, 333 N.E.2d 339; PEOPLE ... v. Watkins, 67 A.D.2d 741, 742, 412 N.Y.S.2d 235; People v. Hernandez, 124 Misc.2d 840, 842, 479 N.Y.S.2d 105; People v. Laurain, 84 Misc.2d 970, 378 N.Y.S.2d 599; People v. Leftwich, 82 Misc.2d 993, 372 N.Y.S.2d 888) ... Defendant's claim that the jury did not consist of a cross-section ... ...
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People v. Pena
...84 A.D.2d 175, 445 N.Y.S.2d 601). Moreover, its absence can hardly be said to have prejudiced the defendant (see People v. Watkins, 67 A.D.2d 741, 742, 412 N.Y.S.2d 235). We have considered the defendant's remaining contentions and find that they are without merit and, in addition, with res......