| People v Davis |
| 2005 NY Slip Op 03138 [17 AD3d 245] |
| April 21, 2005 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Matthew Davis, Appellant. |
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Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered March 4, 2002, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.
The court properly exercised its discretion in denying defense counsel's request to cross-examine an undercover officer regarding a statement he made to the prosecutor during a recess in which the officer expressed his mistaken belief that one of the trial jurors had served on a prior case in which the officer had testified. Accordingly, the court's ruling imposed a reasonable limitation on cross-examination that did not deprive defendant of his right to confront witnesses or present a defense (see Delaware v Van Arsdall, 475 US 673, 678-679 [1986]).
The court properly permitted a second undercover officer involved in ongoing investigations to be identified only by her shield number, since concerns for her safety warranted maintaining her anonymity (see People v Solares, 309 AD2d 502 [2003], lv denied 1 NY3d 581 [2003]). The court's determination was made in accordance with the procedural requirements set forth in People v Waver (3 NY3d 748, 750 [2004]). Concur—Marlow, J.P., Ellerin, Nardelli, Williams and Sweeny, JJ.