People v. Roberts

Murphy, P. J. (dissenting).

The defendant has been convicted after a jury trial of two counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance in the third degree, and sentenced to a concurrent term of 5 Vi to 11 years on each count. The principal evidence implicating him in the commission of these crimes was the testimony of undercover Officer Louis Prince. Prince testified at trial that he had purchased cocaine from the defendant on two occasions. The theory of the defense was that Prince had misidentified the…