Legal Question in Criminal Law in New York

Control Buy

Can the Words Of A Self-interest Informant with pending charges, reward and encouragement to reduce exposure to Federal Incarceration; convict without any independent corroboration in a Control Buy?

This Sting Operation was done 3 times in a 4 month period.

Facts:

No Buy money recovered

No Agents ever witnessed defendant enter target location

No agents ever witnessd money exhange for drugs

No Tape Recording of drugs directly relating to a sale

Defendants voice is one one tape but with no crime; mere presence at the scene on one occassion.


Asked on 3/08/07, 11:16 am

1 Answer from Attorneys

Re: Control Buy

A jury could, based on an informant's testimony, find that a person is guilty of a crime based on the facts alleged by the eye-witness. The credibility of a criminal (and almost all informants are known criminals) is, at best, unreliable. If I were sitting on a jury,I might not believe a person who has such an obvious motive to lie. However, I am not the judge, nor on the jury, and it falls to them to decide whether to believe a known criminal with a motive. The jury could believe a witness and convict a defendant.

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Answered on 3/08/07, 11:25 am


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