PEOPLE v. CANDELARIO


156 A.D.2d 191 (1989)

The People of the State of New York, Respondent, v. Heriberto Candelario, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1989


Defendant was arrested for selling heroin to undercover Police Officer Nelson Vargas. At trial, on the People's direct case and over objection by defendant, Officer Vargas was permitted to testify to the description of the person who sold him the heroin, which he radioed to his backup team. On appeal, defendant argues that this testimony impermissibly buttressed the reliability of Vargas' identification of the defendant at trial.

We find that Officer Vargas was properly...

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