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PEOPLE v. WILLIAMS

10 A.D.3d 213 (2004)

780 N.Y.S.2d 335

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORRIS WILLIAMS, Appellant.

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

July 29, 2004.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Robert S. Dean and James M. Branden of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Madeleine Guilmain and Patricia Curran of counsel), for respondent.

Nardelli, J.P., and Sullivan, J., concur with Friedman, J.; Tom and Ellerin, JJ., dissent in a separate opinion by Tom, J.

OPINION OF THE COURT

FRIEDMAN, J.

Defendant was convicted of selling two glassine containers of heroin to an undercover police detective. At trial, the People presented two witnesses, the detective who purchased the heroin (UC 22152) and the arresting officer. Of these two witnesses, only UC 22152 testified to having witnessed the transaction. UC 22152's identification testimony was not corroborated by any other evidence. Although the officers' testimony...

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