People v. Pena

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 28, 1972, convicting him, after trial, of criminally selling a dangerous drug in the third degree (two counts) and criminally possessing a dangerous drug in the fourth and sixth degrees (four counts) and imposing sentence. By an order dated July 29, 1974, this court reversed the judgment and ordered a new trial, on the authority of People v Goggins ( 34 NY2d 163 ). On October 30, 1975 the Court of Appeals reversed the order of this court and remitted the case to this court for review of the facts (People v Pena, 45 AD2d 1038 , revd 37 NY2d 642 ). Judgment affirmed. The trial court properly refused to compel disclosure of an informant’s identity (People v Pena, 37 NY2d 642 , supra) and the sentence imposed was not excessive. Gulotta, P. J„ Hopkins, Martuscello, Christ and Shapiro, JJ., concur.