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People v. Villanueva

Appellate Division of the Supreme Court of New York, First Department
May 4, 1993
193 A.D.2d 382 (N.Y. App. Div. 1993)

Opinion

May 4, 1993

Appeal from the Supreme Court, Bronx County (Lawrence Tonetti, J.).


Viewing the evidence in the light most favorable to the People (People v Contes, 60 N.Y.2d 620, 621), the evidence was legally sufficient since an encounter during a buy and bust operation which lasts only a few minutes provides an adequate opportunity to observe the defendant's appearance, especially where the officer's reliability is assured by a drive-by identification minutes after the sale (see, People v Padilla, 190 A.D.2d 639). Nor was the verdict against the weight of the credible evidence (People v Bleakley, 69 N.Y.2d 490, 495). The credibility of the testimony of the undercover officer and the accuracy of his identification were for the jury to resolve (People v Jenkins, 164 A.D.2d 770, lv denied 76 N.Y.2d 894), and the failure to recover the prerecorded buy money is not dispositive (People v Bobbitt, 180 A.D.2d 489, lv denied 79 N.Y.2d 1046).

Nor were the defendants entitled to a Wade hearing since the drive-by identification was only confirmatory (see, People v Wharton, 74 N.Y.2d 921).

Finally, none of the claims concerning the trial court's conduct or charge and the prosecutor's summation was preserved for review by appropriate objection at trial (CPL 470.05), and we decline to reach them in the interest of justice. Were we to reach them, we would find that defendants were afforded a fair trial.

Concur — Milonas, J.P., Rosenberger, Ellerin and Kupferman, JJ.


Summaries of

People v. Villanueva

Appellate Division of the Supreme Court of New York, First Department
May 4, 1993
193 A.D.2d 382 (N.Y. App. Div. 1993)
Case details for

People v. Villanueva

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR VILLANUEVA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 4, 1993

Citations

193 A.D.2d 382 (N.Y. App. Div. 1993)
597 N.Y.S.2d 54

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