State v. Sargent

864 A.2d 20, 87 Conn. App. 24, 2005 Conn. App. LEXIS 14
CourtConnecticut Appellate Court
DecidedJanuary 18, 2005
DocketAC 23863
StatusPublished
Cited by31 cases

This text of 864 A.2d 20 (State v. Sargent) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Sargent, 864 A.2d 20, 87 Conn. App. 24, 2005 Conn. App. LEXIS 14 (Colo. Ct. App. 2005).

Opinion

[26]*26 Opinion

McLACHLAN, J.

The defendant, Theo Sargent, appeals from the judgment of conviction, rendered after a jury trial, of one count each of sale of narcotics by a person who is not drug-dependent and sale of narcotics within 1500 feet of a public elementary school in violation of General Statutes §§ 21a-278 (b) and 21a-278a (b), respectively. On appeal, the defendant argues that (1) the court improperly admitted into evidence an undercover police officer’s pretrial identification of the defendant, (2) the state committed prosecutorial misconduct during closing argument to the jury, (3) the court improperly instructed the jury by failing to include in its charge the statutory definition of the term “sale” and (4) the court improperly declined to disclose certain confidential employment records of a witness. We affirm the judgment of the trial court.

The jury reasonably could have found the following facts. In November, 2000, several members of the narcotics enforcement unit of the New Haven police department were assigned to conduct a narcotics sting operation. In connection with the investigation, Officer Rachel Inconiglios was sent to purchase drugs in the area of 87 Kensington Street in New Haven. Inconiglios was working undercover in plain clothes and wearing a body microphone that allowed her to communicate to Detective Burnell A. Burrell and Detective Brian Mauro, backup officers who were monitoring her from a safe distance in unmarked vehicles. Also present was Sergeant Michael Canning, who supervised the operation. Inconiglios drove to 87 Kensington Street in an unmarked vehicle and stopped at an alleyway where a small group of men were gathered. After she got out of her vehicle, one of the men asked “how much” she wanted. She responded “one” and handed the man $20 in bills issued by the police department. She received a small ziplock bag containing a white rock substance [27]*27that appeared to be crack cocaine. After the purchase, Inconiglios got back into her vehicle and relayed into the body microphone a brief description of the suspect.

Inconiglios then drove to meet the backup officers at a prearranged location a few blocks away. She repeated to the officers a description of the suspect as a black male, about six feet tall, weighing 200 pounds, wearing a black knit cap, a black jacket, a blue polo shirt and tan moccasins. She testified that she took particular note of the suspect’s footwear because in her years of participating in undercover narcotics purchases, she had never seen a suspect wearing moccasins. Canning then relayed that description by cellular telephone to Officer Vincent Anastasio, a uniformed officer who was patrolling the area. Canning instructed Anastasio to drive to 87 Kensington Street and look for someone matching the description provided by Inconig-lios. After reaching the location, Anastasio obseived four men gathered, three of whom were approximately five feet, seven inches to five feet, eight inches tall and a fourth man who was about six feet, one inch to six feet, two inches tall. From Anastasio’s experience patrolling the area and from having had direct contact with the defendant on about six prior occasions, Anas-tasio was able to recognize the taller man in the group as the defendant. Anastasio also was able to identify by name one of the other men in the group, but did not know the names of the other two men, although he did recognize them. From his vantage point about twenty-five feet away from the group, Anastasio observed that the defendant was the only person wearing moccasins. He testified that in his several years working in the area, he had never seen a suspect wearing moccasins. Anastasio telephoned the backup officers and provided the name of the defendant as the man fitting the description provided by Inconiglios. In the meantime, a field test of the substance purchased from the defendant [28]*28revealed that it was cocaine. A full test of the suspected narcotics was later conducted and confirmed that the substance was freebase cocaine.

Burrell compiled a photographic array that included the defendant’s photograph and those of seven other men similar in appearance. On December 20, 2000, twenty days after the narcotics transaction at issue, Inconiglios viewed the array and identified the defendant as the person who sold her the drugs. She later made an in-court identification of the defendant. Burrell also compiled a police report of the narcotics transaction. The report, purportedly prepared on December 11, 2000, did not mention Anastasio or his identification of the defendant immediately following the transaction but described Inconiglios’ identification of the defendant from the photographic array, which did not occur until December 20, 2000, nine days after the report was prepared.

At trial, the defendant raised alibi and mistaken identity defenses, claiming that on the day in question, he had been at the Roger Everson House (Everson House), a residential facility that houses men on probation or parole. Records introduced at trial showed that the defendant was staying at the Everson House on the day in question and that he did not sign out to leave the facility at any time that day.1 According to the testimony of one witness, it was possible to exit the facility through windows on the second floor, where the defendant’s bedroom was located. A staff member testified that when doing his rounds on the day in question, he thought he saw the defendant in his bed, but did not enter the defendant’s room or pull back the bedsheets to confirm the defendant’s presence. There was evi[29]*29dence that the Everson House is approximately a six minute drive or fifteen minute walk from 87 Kensing-ton Street.

Following a trial, the jury found the defendant guilty of both charges, and the court sentenced him to nine years incarceration for the sale of narcotics and three years incarceration for the sale of narcotics within 1500 feet of a public elementary school, to run consecutively, for a total effective sentence of twelve years incarceration.2 The defendant now appeals.

I

The defendant first claims that the court improperly admitted into evidence Inconiglios’ pretrial identification of him from the photographic array. He claims specifically that the photographic array procedure was unnecessarily suggestive and unreliable, and that it thereby deprived him of the right to a fair trial pursuant to the fourteenth amendment to the United States constitution and article first, § 8, of the constitution of Connecticut. We decline to review his claim.

Five days before the start of evidence, the defendant filed a motion to suppress Inconiglios’ identification. The defendant did not pursue a hearing on the motion and one was never held. The defendant also did not object at trial to the admission of Inconiglios’ testimony regarding the photographic array. The defendant nevertheless seeks review of his claim under Aíaíe v. Golding, 213 Conn. 233, 239-40, 567 A.2d 823 (1989). In his brief, the defendant asserts that “[t]he trial court made no findings of fact on the issue of identification, as there was no challenge at trial.” The defendant argues that in the absence of factual findings, this court should examine the entire record and make an independent [30]*30determination of the propriety of the identification procedures at issue.

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Cite This Page — Counsel Stack

Bluebook (online)
864 A.2d 20, 87 Conn. App. 24, 2005 Conn. App. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sargent-connappct-2005.