People v. Smith

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered December 21, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

Defendant’s arrest photograph was properly admitted at trial to corroborate testimony by the undercover officer as to the clothing defendant was wearing at the time of the sale. This was relevant to the accuracy of the officer’s description and identification of defendant, which were issues presented at…