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The PEOPLE of the State of New York, Respondent, v. George VASQUEZ, Defendant-Appellant.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered March 15, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years, unanimously affirmed.
Defendant's arrest photograph was properly admitted at trial since it corroborated police testimony as to the type of clothing defendant was wearing at the time of the sale, which was relevant to the accuracy of the undercover officer's description and identification of defendant (see, People v. Logan, 25 N.Y.2d 184, 195-196, 303 N.Y.S.2d 353, 250 N.E.2d 454, cert denied 396 U.S. 1020, 90 S.Ct. 592, 24 L.Ed.2d 513; People v. Larry, 178 A.D.2d 282, 577 N.Y.S.2d 605, lv denied 79 N.Y.2d 1003, 584 N.Y.S.2d 458, 594 N.E.2d 952; People v. Santana, 162 A.D.2d 191, 556 N.Y.S.2d 316).
MEMORANDUM DECISION.
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Decided: February 04, 1997
Court: Supreme Court, Appellate Division, First Department, New York.
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