Opinion
October 2, 1990
Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).
Defendant's guilt was established beyond a reasonable doubt. The in-court identification testimony of the undercover officer was credible and buttressed by other identification testimony linking defendant to the drug sale. The officer's participation in the sale was planned (People v. Morales, 37 N.Y.2d 262, 271), he had ample opportunity under good conditions to view defendant, and the officer demonstrated his ability to recall specific details. Nor, based upon the hearing testimony, is there any indication that the in-court identification should have been suppressed. (People v. Ballott, 20 N.Y.2d 600.)
Defendant was not entitled to dismissal of the indictment because he was arrested 14 months after the drug sale. (See, generally, People v. Singer, 44 N.Y.2d 241.) There was no "unjustifiable delay" in this case. The credible evidence produced at the hearing shows that the police made a reasonable effort to apprehend defendant, who was avoiding apprehension. Defendant also fails to establish that his sentence is excessive.
Concur — Ross, J.P., Rosenberger, Ellerin, Wallach and Rubin, JJ.