PEOPLE v. JENKINS


164 A.D.2d 770 (1990)

The People of the State of New York, Respondent, v. Derrick Jenkins, Appellant

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

August 2, 1990


Defendant's conviction was based on the testimony of a police officer who observed the transaction while stationed on the roof of a building and using high-powered binoculars. The officer observed the defendant take money from a buyer, deliver the money to a man, later identified as Jose Menendez, receive a tin-foil packet and then give the packet to the buyer.

Defendant argues that his identification was not proven beyond a reasonable doubt due to inconsistencies...

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