People v. Terry

Evidence adduced at trial was that a police officer assigned to an observation post observed defendant sell two vials of crack cocaine to an apprehended purchaser.

Based upon defense counsel’s representation that defendant would offer a defense of a mistaken identity, the trial court granted the People’s application to allow testimony that prior to the instant sale, the officer observed defendant’s street activity for a period of approximately one hour. The officer observed defendant clearly, in profile and full face, when defendant was first approached by an unidentified woman and later by an…