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.