People v. Perez — 183 A.D.2d 670

Majority

p. 670

The People of the State of New York, Respondent, v Raul Garcia Perez, Appellant.

— Judgment, Supreme Court, Bronx County (William H. Wallace, III, J.), rendered May 23,

p. 671

1989, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him as a second felony offender, to concurrent terms of imprisonment of 6 to 12 years, unanimously affirmed.

Defendant, who was tried in absentia, argues that the evidence of guilt was insufficient given that neither the undercover nor arresting officer was able to identify a photograph of him exhibited by defense counsel at the trial. We disagree. Such was merely a factor for the jury to consider in determining the credibility of the People’s witnesses and the reliability of their identification of defendant (People v Gruttola, 43 NY2d 116 , 122). Nor is there merit to defendant’s argument that the sentence is excessive, given that he is a second felony offender with an extensive criminal record accumulated within a relatively short period of time after his arrival in this country (People v Junco, 43 AD2d 266 , 268, affd 35 NY2d 419 , cert denied 421 US 951 ). Concur — Rosenberger, J. P., Wallach, Kassal and Rubin, JJ.

Cases cited

People v. Gruttola 43 NY2d 116 N.Y. 1977-11-21 at 122 p. 671
People v. Junco 43 AD2d 266 N.Y. App. Div. 1974-01-08 at 268 p. 671
People v. Walls 35 NY2d 419 N.Y. 1974-11-18 p. 671