People v. Weems

Judgment unanimously affirmed. Memorandum: The court did not err in denying defendant’s motion to suppress the in-court identification of defendant by the undercover police officer. During the sale of the cocaine, the undercover officer was in the presence of defendant for 20 to 30 minutes in good lighting conditions and, thus, his in-court testimony had an independent source. Moreover, the undercover officer’s identification was not questioned at trial, inasmuch as defendant, although relying upon an agency defense, testified that he sold cocaine to the officer.

The court did not err in…