42 A.D.2d 762 | N.Y. App. Div. | 1973
Appeal by the People from an order of the County Court, Suffolk County, dated June 30, 1972 dismissing, in the interests of justice, an indictment charging defendant with criminally selling a dangerous drug in the third degree and criminal possession of a dangerous drug in the sixth degree, the dismissal being based upon a decision of the trial court at the end of a jury trial. Order reversed, as a matter of discretion in the interest of justice, indictment reinstated and new trial ordered. The prosecution’s case was predicated on the testimony of two detectives, one who had purchased heroin from defendant, and the other who had witnessed the transaction. Upon cross-examination of the purchasing police officer, defense counsel elicited that the meeting with defendant had been arranged through a confidential informant. Contending that no such meeting had taken place and that defendant had not made any sale, defense counsel requested that the identity of the informant be. disclosed, so that counsel might have an opportunity to interview him and determine whether he could be helpful as a defense witness. The prosecutor objected to the disclosure of the informant’s identity, on the ground that his continued anonymity was required in order to preserve his usefulness in an investigation which was still pending. The trial court thereupon directed the prosecutor to produce the informant for an in camera examination in the absence of counsel and the prosecutor: The court’s stated purpose was (a) to determine whether or not the informant did in fact exist and (b) to learn further whether or not the informant had introduced the detective to defendant and made the arrangements relative to the sale of the heroin. Following the