PEOPLE v. COOPER


16 A.D.3d 198 (2005)

791 N.Y.S.2d 55

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE COOPER, Appellant.

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

March 15, 2005.


Since the undercover officer's ability to identify defendant was at issue, the court properly exercised its discretion in permitting the officer to testify about his unspecified "conversation" with defendant on a prior occasion. Defendant failed to preserve his present argument that the court should have declared a mistrial when the officer revealed, on cross-examination, that the prior incident was a drug transaction, and the record does not support defendant's assertion...

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