PEOPLE v. KIRKLAND

2017-10699. Ind. No. 15-00868.

203 A.D.3d 951 (2022)

163 N.Y.S.3d 620

2022 NY Slip Op 01808

The People of the State of New York, Respondent, v. Tarence Kirkland, Appellant.

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

Decided March 16, 2022.


Attorney(s) appearing for the Case

Adam Seiden , Mount Vernon, NY, for appellant.

Miriam E. Rocah , District Attorney, White Plains, NY ( William C. Milaccio and Christine DiSalvo of counsel), for respondent.

Barros, J.P., Brathwaite Nelson, Miller and Wooten, JJ., concur.


Ordered that the judgment is affirmed.

The defendant was charged with, inter alia, two counts of criminal sale of a controlled substance in the third degree for allegedly selling cocaine to an undercover police detective on February 10, 2015, and February 18, 2015. At the jury trial, the undercover police detective identified the defendant as the person who sold cocaine to him on both occasions. The defendant argued that, given the circumstances of the underlying...

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