People v. Negron

Appellate Division of the Supreme Court of New York

People v. Negron

122 A.D.2d 894, 506 N.Y.S.2d 5, 1986 N.Y. App. Div. LEXIS 59382

Appellate Division of the Supreme Court of the State of New York·Decided August 15, 1986·Published·Cited by 3 cases

Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 24, 1983, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The testimony by undercover officer Robert Cortes that codefendant Blanca Cruz told him "we got some ['black bags’ or heroin]” as she pointed to the defendant, was properly admissible as a statement by a coconspirator that had adequate independent indicia of reliability. Admission of this testimony therefore did not violate the defendant’s confrontation rights (see, People v Sanders, 56 NY2d 51). This court has previously examined the trial court’s charge on the appeal from codefendant Blanca Cruz’ conviction and found it did not warrant reversal (see, People v Cruz, 119 AD2d 765). We have reviewed the defendant’s other contentions and find them to be without merit. Lazer, J. P., Mangano, Brown and Weinstein, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 24, 1983, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The testimony by undercover officer Robert Cortes that codefendant Blanca Cruz told him "we got some ['black bags’ or heroin]” as she pointed to the defendant, was properly admissible as a statement by a coconspirator that had adequate independent indicia of reliability. Admission of this testimony therefore did not violate the defendant’s confrontation rights (see, People v Sanders, 56 NY2d 51). This court has previously examined the trial court’s charge on the appeal from codefendant Blanca Cruz’ conviction and found it did not warrant reversal (see, People v Cruz, 119 AD2d 765). We have reviewed the defendant’s other contentions and find them to be without merit. Lazer, J. P., Mangano, Brown and Weinstein, JJ., concur.

People v. Negron, 122 A.D.2d 894, 506 N.Y.S.2d 5, 1986 N.Y. App. Div. LEXIS 59382 (N.Y. Ct. App. 1986).

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Opinion

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