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PEOPLE v. LAM LEK CHONG

45 N.Y.2d 64 (1978)

The People of the State of New York, Respondent, v. Lam Lek Chong, Also Known as Jimmy Lam, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1978.

Attorney(s) appearing for the Case

Henry J. Boitel for appellant.

Robert M. Morgenthau, District Attorney (David Rapaport and Robert M. Pitler of counsel), for respondent.

Chief Judge BREITEL and Judges JONES, FUCHSBERG and COOKE concur with Judge WACHTLER; Judges JASEN and GABRIELLI concur in result only in a concurring memorandum.

WACHTLER, J.

The defendant has been convicted of criminal sale of a controlled substance in the first degree (Penal Law, § 220.43) for allegedly selling a pound and a half of heroin to two undercover police officers in Manhattan. At the trial the defendant denied selling the drugs and testified instead that he had simply acted as the agent of the buyers, by locating a seller and helping the officers complete...

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