Judgment reversed, on the law, and new trial ordered.
Questions of fact have not been raised or considered on this appeal. At about 1:20 A.M. on November 9, 1973, Police Officer Cummo, who was then "off duty", was seated at a table with friends at the Broadcasters Inn, in Queens County. He observed a man seated at the bar, who was unidentified except as hereinafter set forth, attach a bullet clip to the opened side of a gun and pass it to defendant. Defendant placed...
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