Appellate Division of the Supreme Court of New York, 2000

People v. De La Cruz

People v. De La Cruz
Appellate Division of the Supreme Court of New York · Decided January 25, 2000
268 A.D.2d 362; 702 N.Y.S.2d 254; 2000 N.Y. App. Div. LEXIS 712
People v. De La Cruz

Opinion of the Court

—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 *363drug sale was negotiated and completed. Concur—Ellerin, J. P., Saxe, Buckley and Friedman, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.