People v. Luciano

3 Citing cases

  1. People v. Sarmiento

    168 A.D.2d 328 (N.Y. App. Div. 1990)   Cited 28 times

    However, assuming the jury credited her testimony to the effect that she specifically recalled the subject vials out of the thousands or so similar vials she handled during the week, it is nevertheless entirely consistent with the undercover officer's testimony as reflected in the record. Finally, the undercover officer's testimony regarding the description of the seller which he gave to the arresting officers by radio does not constitute bolstering in violation of People v. Trowbridge ( 305 N.Y. 471; see, People v. Candelario, 156 A.D.2d 191; cf., People v. Luciano, 64 A.D.2d 614). This testimony, together with that of the arresting officers who received the description, provides a necessary explanation of the events which precipitated defendant's arrest (see, Matter of Robert S., 159 A.D.2d 358, appeal dismissed 76 N.Y.2d 770).

  2. People v. Candelario

    156 A.D.2d 191 (N.Y. App. Div. 1989)   Cited 21 times

    " To the extent that People v Luciano ( 64 A.D.2d 614 [2d Dept 1978]) may be read to exclude Officer Vargas' testimony, we decline to follow it. That case is distinguishable in that the police officer to whom a sale of drugs was made was permitted to testify as to what he had reported to members of the backup team after the sales were made and after the defendant's arrest. The court therein also found it significant that, during the deliberations, the jury asked that that testimony be reread.

  3. People ex Rel. Rudin v. Ward

    112 Misc. 2d 62 (N.Y. Misc. 1981)   Cited 4 times

    As incorporated into the extradition affidavit, this complaint is hearsay because it constitutes a previous statement by the affiant. (Accord People v Streeter, 67 A.D.2d 877; People v Luciano, 64 A.D.2d 614.) The extradition clause of the United States Constitution (art IV, ยง 2, cl 2) provides that: "A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the Crime."