Opinion
November 24, 1992
Appeal from the Supreme Court, Bronx County (Martin Marcus, J.).
Defendant was arrested after an undercover police officer, who had an unobstructed view of defendant's face and distinctive clothing, observed defendant selling drugs. The undercover officer then confirmed that defendant was the seller. Such identification evidence from a trained undercover police officer was sufficient to prove defendant's guilt (see, People v Rivera, 176 A.D.2d 216, 217, lv denied 79 N.Y.2d 863). Accordingly, defendant's guilt was proven beyond a reasonable doubt. Notwithstanding defendant's argument to the contrary, the fact that no drugs or prerecorded buy money were recovered from defendant does not detract from the sufficiency of the evidence of her guilt (see, People v Billups, 171 A.D.2d 513, 514, lv denied 78 N.Y.2d 920; People v Jenkins, 164 A.D.2d 770, lv denied 76 N.Y.2d 894).
Concur — Milonas, J.P., Ellerin, Ross and Asch, JJ.