People v. Cuevas

OPINION OF THE COURT

Michael R. Juviler, J.

This is a written version of a decision that was delivered from the bench after a hearing on a motion to suppress an undercover narcotics officer’s identifications. The defendant is charged with two counts of criminal sale of a controlled substance in the first degree.

THE ISSUE

During an investigation, the undercover officer viewed surveillance videotapes and a photograph of the suspect, alleged to be the defendant. The defendant contends that each of these "identification” procedures involved undue suggestiveness. The People respond that each…