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People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 684 (N.Y. App. Div. 1991)

Opinion

January 31, 1991

Appeal from the Supreme Court, New York County (Howard Bell, J.).


The record leaves no reasonable doubt that defendant was the individual who sold the undercover police officer five vials of crack in exchange for $25 in prerecorded buy money. The undercover officer observed the defendant from a distance of 3 to 4 feet for approximately 2 1/2 minutes, and moments later, confirmed that the proper person was in custody. At the time of arrest, two vials of crack enclosed by pink caps were found at defendant's feet, of the same type of those sold earlier to the undercover officer. Additionally, $25 in prerecorded buy money was recovered from defendant's person.

Defendant failed to preserve his objection to the court's identification charge. We note however, that the identification charge, as given, was sufficient, and that any error with respect to the charge in this case would be harmless in view of the overwhelming evidence of guilt. (People v Whalen, 59 N.Y.2d 273.)

Concur — Milonas, J.P., Wallach, Asch, Kassal and Smith, JJ.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 684 (N.Y. App. Div. 1991)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN JOHNSON…

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

Date published: Jan 31, 1991

Citations

169 A.D.2d 684 (N.Y. App. Div. 1991)
565 N.Y.S.2d 64