Appellate Division of the Supreme Court of New York, 2001

People v. Starkes

Appellate Division of the Supreme Court of New York · Decided May 2, 2001

283 A.D.2d 943; 723 N.Y.S.2d 913; 2001 N.Y. App. Div. LEXIS 4556

Cases that cite this one

1 later published case cites this decision.

People v. Cuthrell (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). He contends that County Court erred in denying his motion to preclude the identification testimony of an undercover police officer who purchased cocaine from him dur*944ing a “buy-bust” operation because the People’s CPL 710.30 notice was insufficient. We disagree. The showup identification by the officer within five minutes after the cocaine buy was “merely confirmatory and, therefore, not subject to CPL 710.30 requirements” (People v Benitez, 221 AD2d 965, 966, lv denied 87 NY2d 970; see also, People v Wharton, 74 NY2d 921, 922-923). (Appeal from Judgment of Monroe County Court, Egan, J. — Criminal Sale Controlled Substance, 3rd Degree.) Present — Green, J. P., Hurlbutt, Scudder, Burns and Lawton, JJ.

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