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PEOPLE v. GILLENWATER

34 A.D.2d 798 (1970)

The People of the State of New York, Respondent, v. Lionel Gillenwater, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 11, 1970

Judgment affirmed.

No opinion.

Benjamin, J., dissents and votes to reverse the judgment and order a new trial, with the following memorandum:

Defendant was charged with the sale of narcotics to an undercover police officer who had allegedly been introduced to him by one Colbert. Colbert was not called as a witness. The prosecutor made these statements during his summation: "My job as the Assistant District Attorney is to present to you...

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