From Casetext: Smarter Legal Research

People v. Chiari

Appellate Division of the Supreme Court of New York, First Department
Oct 24, 1995
220 A.D.2d 316 (N.Y. App. Div. 1995)

Opinion

October 24, 1995

Appeal from the Supreme Court, New York County, Murray Mogel, J., Juanita Bing Newton, J.


The undercover officer's description of the seller, which included his height, race, sex, a detailed description of his clothing, his exact location and the fact that he was holding a shopping bag, was sufficiently specific to enable the backup officer who made the arrest to conclude that defendant was the person described ( People v. Ward, 182 A.D.2d 573, lv denied 81 N.Y.2d 849).

Where defendant argued that this was a case of mistaken identity and that he was not the man who had sold cocaine to the undercover, his arrest photo was properly admitted to establish his appearance at the time of the crime ( People v. Santana, 162 A.D.2d 191, 191-192).

We find the sentence excessive to the extent indicated.

Concur — Rosenberger, J.P., Rubin, Ross, Nardelli and Mazzarelli, JJ.


Summaries of

People v. Chiari

Appellate Division of the Supreme Court of New York, First Department
Oct 24, 1995
220 A.D.2d 316 (N.Y. App. Div. 1995)
Case details for

People v. Chiari

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX CHIARI, Appellant

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

Date published: Oct 24, 1995

Citations

220 A.D.2d 316 (N.Y. App. Div. 1995)
632 N.Y.S.2d 564

Citing Cases

In re Joel M

In light of the ample evidence of probable cause adduced at the fact-finding hearing, the court properly…

In re Edward L

Respondent's suppression motion was properly denied. The undercover officer's description of a drug seller,…