People v. Powell

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered Februáry 25, 2000, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

County Court appointed defense counsel to represent defendant in connection with an indictment charging him with criminal sale of a controlled substance in the third degree. Prior to trial, defendant made a pro se motion to dismiss the indictment on the basis that a photograph used to identify him as the perpetrator of the crime was obtained in violation of the…