People v. Morgan
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a jury trial, of two counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a con
The undercover officer positively identified defendant as the person who sold him cocaine on two separate occasions at defendant’s apartment where defendant was arrested approximately one week following the second sale. The officer explained that he did not note defendant’s facial scar as part of the description of defendant on his narcotic incident reports because he knew the defendant. Tape recordings of the two transactions also supported the officer’s testimony. Thus, the erroneous admission of testimony relating to the information contained on the prisoner data report does not require reversal of defendant’s conviction.
We find no merit to defendant’s additional argument that his sentence was harsh and excessive. (Appeal from Judgment of Supreme Court, Monroe County, Bergin, J.—Criminal Sale Controlled Substance, 3rd Degree.) Present—Dillon, P. J., Callahan, Boomer, Balio and Lowery, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.