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eBook details

• Title: People State New York v. Joyce Ware
• Author : Supreme Court of New York
• Release Date : January 02, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

On March 7, 1989 State Police Investigator Daniel Bishop purchased cocaine from an unidentified black female in an apartment
in the Village of Ellenville, Ulster County. Unaware of the female's identity, Bishop contacted the Ellenville Police Department
and gave them a description of her. He was advised that the female may have been defendant and that photographs would be sent
to him. On March 14, 1989 Bishop received photographs from which he identified defendant as the female who had sold him the
cocaine. On April 25, 1989 Bishop and Investigator John Van Dermolen went to the parking lot of the apartment where the previous
sale had been made for the purpose of making another drug buy from someone called "Jerome". While in the van with Jerome defendant
approached and got into the van. Bishop left the van with Jerome in order to complete the drug transaction and during that
interval Van Dermolen purchased cocaine from defendant. Defendant was subsequently arrested and indicted for the two sales
of cocaine. Following a jury trial, defendant was convicted for the sale of cocaine to Van Dermolen. On this appeal defendant
contends that County Court erred in permitting her in-court identification by Bishop and Van Dermolen, in failing to grant
defendant's challenges for cause as to three prospective jurors and in permitting the prosecution to peremptorily challenge
the only black venire person. Further, defendant contends that the verdict was not supported by legally sufficient evidence
and was against the weight of the evidence. Defendant contends that County Court improperly permitted the investigators' in-court identification of her because it had
concluded, after a Wade hearing, that the identification from the photographs produced by the Ellenville Police Department
was impermissibly suggestive. We reject defendant's argument. The record demonstrates that the investigators, subsequent to
the photographic identification, observed defendant on three different occasions in good lighting with ample opportunity to
view her and, on each occasion, with sufficient time to do so. Under the circumstances, County Court was justified in determining
that there was a substantial independent basis for the in-court identification (see, e.g., People v Ballott, 20 N.Y.2d 600,
606).

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