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People v. Colon

Court of Appeals of the State of New York
Jun 3, 1976
352 N.E.2d 138 (N.Y. 1976)

Opinion

Argued May 6, 1976

Decided June 3, 1976

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALLEN M. MYERS, J.

Susan A. Powers and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Richard H. Girgenti, Peter L. Zimroth and Robert M. Pitler of counsel), for respondent.


MEMORANDUM. Order affirmed. The informant was not a material witness to the actual drug transactions. The alibi defense was insufficient to cast a significant doubt on the police testimony of numerous direct meetings, conversations, and transactions with defendant. Moreover, the ex parte in camera testimony, received under a one-time practice no longer preferred, instead of offering a likelihood of obtaining exculpatory testimony from the informant bolstered the prosecution's case. (See, generally, People v Goggins, 34 N.Y.2d 163, 168-169, cert den 419 U.S. 1012; see, also, People v Pena, 37 N.Y.2d 642.) Hence, there was no error in the exercise of discretion by the trial court in protecting the identity of the informant, and thus his continued usefulness, and perhaps his safety.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG, and COOKE concur.

Order affirmed in a memorandum.


Summaries of

People v. Colon

Court of Appeals of the State of New York
Jun 3, 1976
352 N.E.2d 138 (N.Y. 1976)
Case details for

People v. Colon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD COLON, Appellant

Court:Court of Appeals of the State of New York

Date published: Jun 3, 1976

Citations

352 N.E.2d 138 (N.Y. 1976)
352 N.E.2d 138
386 N.Y.S.2d 220

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