People v. Davis

17 A.D.3d 245, 793 N.Y.S.2d 45, 2005 N.Y. App. Div. LEXIS 4198

Opinion

Judgment, Supreme Court, Bronx County (Feter J. Benitez, J.), rendered March 4, 2002, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

The court properly exercised its discretion in denying defense counsel’s request to cross-examine an undercover officer regarding a statement he made to the prosecutor during a recess in which the officer expressed his mistaken belief that one of the trial jurors had served on a prior case in which the officer had testified. Accordingly, the court’s ruling imposed a reasonable limitation on cross-examination that did not deprive defendant of his right to confront witnesses or present a defense (see Delaware v Van Arsdall, 475 US 673, 678-679 [1986]).

The court properly permitted a second undercover officer involved in ongoing investigations to be identified only by her shield number, since concerns for her safety warranted maintaining her anonymity (see People v Solares, 309 AD2d 502 [2003], lv denied 1 NY3d 581 [2003]). The court’s determination was made in accordance with the procedural requirements set forth in People v Waver (3 NY3d 748, 750 [2004]). Concur—Marlow, J.P., Ellerin, Nardelli, Williams and Sweeny, JJ.