People v. Pena-Martinez

—Judgment unanimously affirmed. Memorandum: Following a reversal of his judgment of conviction by this Court (People v Pena-Martinez, 206 AD2d 858, lv denied 84 NY2d 938), defendant was retried and convicted of criminal sale of a controlled substance in the first degree (Penal Law § 220.43 [1]) and criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]). During the retrial, the undercover officer was asked on cross-examination to disclose the name of the confidential informant who was present during meetings subsequent to the sale. Supreme Court, rejecting…