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PEOPLE v. ROSADO

39 A.D.2d 871 (1972)

The People of the State of New York, Respondent, v. Jose Rosado, Appellant

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

June 20, 1972

Affirmed.

Capozzoli, J., dissenting.

We believe it was prejudicial error to allow into evidence the alleged observations of Officer Nieves that he observed five or six persons approach the defendant, at different times, saw each pass defendant some money and defendant pass something in his closed hand in return. Then he was allowed to testify that, in his expert opinion as a member of the Narcotic Squad, he concluded that the defendant was selling...

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