People v. Cruz

Judgment, Supreme Court, New York County (Leon Becker, J., at suppression hearing, jury trial and sentence), rendered April 26, 1988, convicting defendant of criminal possession of a weapon in the second degree and sentencing him, as a predicate felon, to an indeterminate term of imprisonment of from 6 to 12 years, unanimously affirmed.

We agree with the defendant that the court improperly admitted into evidence testimony that the police officer, who had observed defendant threatening another man with the weapon, was, at the time of his observation, engaged in drug activity surveillance of the…