PEOPLE v. WASHINGTON (1999)

Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered November 7, 1996, 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 6 to 12 years, unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence imposed to a term of 5 to 10 years and otherwise affirmed.

 Limited testimony that the police targeted the location of the arrest due to community complaints was properly admitted to explain police presence and conduct, and any prejudice to defendant was prevented by the court's instructions (see, People v. Granado, 222 A.D.2d 286, 635 N.Y.S.2d 213, lv. denied 88 N.Y.2d 848, 644 N.Y.S.2d 694, 667 N.E.2d 344;  People v. Garcia, 213 A.D.2d 249, 624 N.Y.S.2d 16, lv. denied 85 N.Y.2d 973, 629 N.Y.S.2d 733, 653 N.E.2d 629).   The court properly permitted the undercover officer to testify anonymously (see, People v. Kearse, 215 A.D.2d 104, 626 N.Y.S.2d 88, lv. denied 86 N.Y.2d 797, 632 N.Y.S.2d 510, 656 N.E.2d 609), since the record supports the court's implied finding that security concerns warranted anonymity and the court's instructions likewise prevented any possible prejudice.   Defendant's arrest photograph was properly admitted, since it established that defendant was arrested wearing clothing similar to the clothing described by the undercover officer in his testimony, and thus was plainly relevant (see, People v. Smith, 254 A.D.2d 192, 682 N.Y.S.2d 3).

 We find the sentence imposed to be excessive to the extent indicated.

We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.

MEMORANDUM DECISION.