People v. Ortiz

Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered July 14, 2004, 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 41/2 to 9 years, unanimously affirmed.

The court, which accorded defendant ample opportunity to develop his claim that police witnesses mistook him for his brother, properly exercised its discretion when it precluded defendant from introducing photographs that were potentially misleading with respect to the alleged resemblance between the…