People v. De La Cruz, 44 A.D.3d 346 (N.Y. App. Div. 2007). · Go Syfert
People v. De La Cruz, 44 A.D.3d 346 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Cynque T. (nyappdiv, 2026-02-26)
Top citers, strongest first. 4 distinct citers. How cited ↗
examined Cited as authority (rule) Matter of Cynque T. (6×) also: Cited "see, e.g."
N.Y. App. Div. · 2026 · confidence medium
On the initial point, appellant and Bryant's overwhelming focus on each other during the incident undermines any conclusion beyond a reasonable doubt that appellant directed his conduct or attention at the officers ( cf. People v Caraballo, 136 AD3d 937, 940 [2d Dept 2016], lv denied 27 NY3d 1067 [2016]; Matter of Derek C. , 44 AD3d 346, 346 [1st Dept 2007]).
discussed Cited as authority (rule) People v. Fernandez (Ruben)
N.Y. App. Term. · 2022 · confidence medium
Although the prospective juror stated that she could be fair, her assurances were invariably qualified by references to her predispositions; under the circumstances, it was best to disqualify her ( see People v De La Cruz, 44 AD3d 346, 347 [2007], lv denied 9 NY3d 1005 [2007]; People v Oliveri , 29 AD3d 330, 331 [2006], lv denied 7 NY3d 792 [2006]).
discussed Cited as authority (rule) People v. Palomino
N.Y. App. Div. · 2015 · confidence medium
The record of the pretrial Wade hearing (see United States v Wade, 388 US 218 [1967]) supports the hearing court’s determination that the showup identification by an experienced undercover officer, who had familiarized himself with the defendant’s appearance over the course of the investigation, was merely confirmatory (see People v Wharton, 74 NY2d 921, 922-923 [1989]; People v James, 48 AD3d 698 [2008]; People v De La Cruz, 44 AD3d 346, 347 [2007]; People v Bennett, 31 AD3d 780, 780 [2006]; People v Quinones, 292 AD2d 239 [2002]; People v Pipersburg, 273 AD2d 77 [2000]).
discussed Cited as authority (rule) People v. Pergya
N.Y. App. Div. · 2008 · confidence medium
In any event, contrary to the defendant’s contentions, the trial court properly permitted the People to elicit the challenged testimony (see People v Carter, 77 NY2d 95, 107 [1990]; People v Jackson, 39 NY2d 64, 68 [1976]; People v De La Cruz, 44 AD3d 346, 347 [2007]; People v DeFina, 213 AD2d 665, 666 [1995]; People v Leach, 196 AD2d 508, 509 [1993]; People v Mascoli, 166 AD2d 612, 613 [1990]), and the testimony did not exceed the bounds of the court’s ruling.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Luis De La Cruz
Appellate Division of the Supreme Court of the State of New York.
Oct 4, 2007.
44 A.D.3d 346
Cited by 3 opinions  |  Published

[*347] Judgment, Supreme Court, New York County (Charles H. Solomon, J., at hearing; Ronald A. Zweibel, J., at jury trial and sentence), rendered January 17, 2001, as amended April 15, 2005, convicting defendant of criminal sale of a controlled substance in the first and second degrees, and sentencing him, as a second felony offender, to concurrent terms of 12 years and 6 years to life, respectively, unanimously affirmed.

The court properly denied defendant’s suppression motion. The showup identification by an experienced undercover officer, who had familiarized himself with defendant’s appearance over the course of an investigation, was not unduly suggestive even though it occurred nearly three months after the last drug transaction between them (see People v Quinones, 292 AD2d 239 [2002], lv denied 98 NY2d 701 [2002]; People v Pipersburg, 273 AD2d 77 [2000], lv denied 95 NY2d 892 [2000]). The officer had observed defendant at close range in good lighting for prolonged periods, had conversed with him, and knew him by his street name.

Giving deference to the trial court’s ability to observe demeanor, we conclude that it properly granted the prosecutor’s challenge for cause to a prospective juror, since the panelist lacked the ability to evaluate police testimony fairly and impartially. Although the prospective juror stated that he could be fair, his assurances were invariably qualified by references to his predispositions; under the circumstances, it was best to disqualify him (see People v Oliveri, 29 AD3d 330, 331 [2006], lv denied 7 NY3d 792 [2006]).

Evidence of an uncharged crime evidence was properly admitted to explain how the undercover officer knew to page defendant for a later drug transaction and to assist the jury in understanding the relationship between defendant, who was charged with acting in concert, and his accomplices (see People v Allende, 38 AD3d 470, 471-472 [2007], lv denied 9 NY3d 839 [2007]; People v Alicea, 33 AD3d 326, 327 [2006], lv denied 7 NY3d 923 [2006]). Defendant’s claim with regard to the court’s failure to give a promised limiting instruction is unpreserved[*348] and we decline to review it in the interest of justice (see People v Baro, 236 AD2d 307 [1997], lv denied 89 NY2d 1032 [1997]). Concur—Mazzarelli, J.P., Saxe, Sullivan, Catterson and Kavanagh, JJ.