People v. Rosello
Opinion of the Court
Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered November 18, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of controlled substance in the third degree, and sentencing him, as second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.
Notice pursuant to CPL 710.30 (1) (b) was not required for the confirmatory identification made by the “ghost” undercover officer in this buy-and-bust operation. There is no basis upon which to distinguish a confirmatory identification made by a “ghost” from one made by a purchasing undercover officer (People v Cordero, 227 AD2d 290, lv denied 88 NY2d 1020; see also People v Roberts, 79 NY2d 964).
A contemporaneous uncharged drug sale was properly admitted to prove that defendant acted in concert in the charged sale and possessed drugs with intent to sell (see People v Garcia, 276 AD2d 270, lv denied 95 NY2d 963).
The challenged portions of the People’s summation were fair
Case-law data current through December 31, 2025. Source: CourtListener bulk data.