People v. Price

Defendant was convicted, after bench trial, of possession of a controlled substance with intent to deliver within 1000 feet of a park. Court erred in precluding cross-examination as to the police officer's surveillance location. The surveillance privilege, similar to an informant's privilege, may be asserted at trial to prevent disclosure of a surveillance point, but the privilege is limited by procedural safeguards that protect a defendant's sixth amendment right to confront witnesses. Court's precluding of cross-examination prevented a comprehensive assessment of the reliability of the officer's eyewitness testimony, as no adequate record was developed as to the required factors for assessing applicability of the privilege. Defendant made showing that the evidence was closely balanced.(CUNNINGHAM and HOFFMAN, concurring.)