PEOPLE v. PORTER


162 A.D.2d 285 (1990)

The People of the State of New York, Respondent, v. Rolando Porter, Appellant

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

June 21, 1990


On November 3, 1986, Police Officer Michael Shalley was on the rooftop of a 15-story building when he observed the corner of West 95th Street and Amsterdam Avenue through a telescope with a magnification of 40 times. Officer Shalley saw defendant and his accomplice sell two vials of cocaine to a buyer. Soon thereafter, defendant was arrested by a backup team. At the ensuing trial, he asked the court to instruct the jury that it could not look through the telescope during...

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