Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentDec 5, 1995
634 N.Y.S.2d 484 (N.Y. App. Div. 1995)
634 N.Y.S.2d 484222 A.D.2d 216

December 5, 1995

Appeal from the Supreme Court, Bronx County (Efrain Alvarado, J.).

The verdict was neither based on legally insufficient evidence nor was it against the weight of the evidence. A trained undercover officer purchased drugs from defendant and his associate in a face-to-face transaction during daylight hours and then identified them minutes later in a drive-by confirmation. That no drugs or buy money were found on defendant or his cohort upon their arrest does not render the identification unreliable ( People v Johnson, 187 A.D.2d 404, lv denied 81 N.Y.2d 842; People v Walker, 186 A.D.2d 62, lv denied 81 N.Y.2d 767).

Concur — Sullivan, J.P., Ellerin, Ross, Nardelli and Tom, JJ.