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PEOPLE v. CARTER

57 A.D.3d 1017 (2008)

868 N.Y.S.2d 378

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH CARTER, Also Known as BK, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

December 4, 2008.

Rose, J.

Following a confidential informant's controlled and monitored buy of crack cocaine from a person she knew as "BK," defendant was arrested and indicted for the crime of criminal sale of a controlled substance in the third degree. When he moved for a Wade hearing based on the informant's identification of him from a single photo array, County Court held a Rodriguez hearing. Given the testimony at that hearing, the court concluded that the informant...

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