People v. De La Cruz

Appellate Division of the Supreme Court of New York

People v. De La Cruz

268 A.D.2d 362, 702 N.Y.S.2d 254, 2000 N.Y. App. Div. LEXIS 712

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 25, 2000

StatusPublished

This text of 268 A.D.2d 362 (People v. De La Cruz) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. De La Cruz, 268 A.D.2d 362, 702 N.Y.S.2d 254, 2000 N.Y. App. Div. LEXIS 712 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, Bronx County (Ira Globerman, J., at hearing; Robert Seewald, J., at plea and sentence), rendered January 28, 1997, convicting defendant of criminal sale of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously affirmed.

The court properly found that the People established an independent source for the undercover detective’s in-court identification testimony by clear and convincing evidence. The detective had ample opportunity to observe defendant during an encounter lasting more than five minutes during which the [363]*363drug sale was negotiated and completed. Concur—Ellerin, J. P., Saxe, Buckley and Friedman, JJ.

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—Judgment, Supreme Court, Bronx County (Ira Globerman, J., at hearing; Robert Seewald, J., at plea and sentence), rendered January 28, 1997, convicting defendant of criminal sale of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 6 years to life, unanimously affirmed.

The court properly found that the People established an independent source for the undercover detective’s in-court identification testimony by clear and convincing evidence. The detective had ample opportunity to observe defendant during an encounter lasting more than five minutes during which the [363]*363drug sale was negotiated and completed. Concur—Ellerin, J. P., Saxe, Buckley and Friedman, JJ.

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Bluebook (online)

268 A.D.2d 362, 702 N.Y.S.2d 254, 2000 N.Y. App. Div. LEXIS 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-de-la-cruz-nyappdiv-2000.