Defendant was convicted of first-degree criminal sale and possession of a controlled substance arising from a drug sale involving an undercover officer. The undercover officer identified defendant in court, and other identification testimony also linked defendant to the sale. Defendant was arrested 14 months after the drug sale. At a hearing, the evidence showed that police made a reasonable effort to apprehend defendant and that defendant was avoiding apprehension.
Issue
Whether the evidence, particularly the undercover officer's in-court identification, was sufficient and properly admitted; whether the indictment should have been dismissed because defendant was arrested 14 months after the drug sale; and whether the sentence was excessive.
Rule
An in-court identification need not be suppressed where the record shows no indication of taint and the identifying witness had a planned opportunity, good viewing conditions, and a demonstrated ability to recall specific details. An indictment is not subject to dismissal for delay in arrest absent unjustifiable delay, and no such delay exists where police made a reasonable effort to apprehend a defendant who was avoiding apprehension.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Newark, an undercover narcotics officer arranged in advance to purchase heroin from a suspected dealer in a well-lit apartment hallway. The officer spoke with the seller face-to-face for several minutes, later described a scar over the seller’s eyebrow and a distinctive ring, and identified Damon Cruz in court. At the suppression hearing, no evidence suggested any improper influence on the identification.
Should the trial court suppress the officer’s in-court identification?
Explanation. The majority rule permits an in-court identification where the witness had a planned opportunity to observe the defendant, good viewing conditions, and demonstrated recall of specific details, and where the hearing testimony shows no indication that suppression is required. The rule does not require exclusion simply because the witness is undercover or because no lineup occurred. (Derived from People v. Stasio (n.d.).)