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PEOPLE v. BAKER

44 A.D.2d 83 (1974)

The People of the State of New York, Respondent, v. Mark Baker, Appellant

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

March 25, 1974.

Attorney(s) appearing for the Case

Abraham H. Brodsky (Henry J. Boitel of counsel), for appellant.

Eugene Gold, District Attorney (Martin I. Saperstein of counsel), for respondent.

MARTUSCELLO, Acting P. J., SHAPIRO and MUNDER, JJ., concur in Per Curiam opinion; LATHAM, J., dissents and votes to affirm, with an opinion, in which CHRIST, J., concurs.

Per Curiam.

In this close case where the proof was such "as to give serious jurors pause" (People v. Mendes, 3 N.Y.2d 120, 122), the conduct of the trial court deprived the defendant of a fair and impartial trial (People v. Sostre, 37 A.D.2d 574).

The defendant's conviction was for the sale of barbiturates to undercover policemen on two occasions. The policeman who...

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