Opinion
February 7, 1991
Appeal from the Supreme Court, New York County (Richard Carruthers, J.).
Defendant's identification was established beyond a reasonable doubt. When viewing the evidence in the light most favorable to the People (People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), there is no basis to disturb the jury's resolution of the identification question. The identification testimony of the officer who watched defendant sell two glassine envelopes of cocaine was not impeached to any significant degree. (People v Livingston, 161 A.D.2d 804, lv denied 76 N.Y.2d 860.) Significantly, both the officer who watched the transaction through binoculars and the arresting officer were acquainted with defendant, who was known to them as "Special's friend".
Concur — Rosenberger, J.P., Wallach, Asch, Kassal and Smith, JJ.