PEOPLE v. GARCIA


51 A.D.2d 329 (1976)

The People of the State of New York, Respondent, v. Julio Garcia, Also Known as Pedro Cotto and John Doe Pervugo, Appellant

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

March 23, 1976


Attorney(s) appearing for the Case

Daniel J. Bernstein of counsel (William E. Hellerstein and William J. Gallagher, attorneys), for appellant.

Bruce M. Tenenbaum of counsel (Mario Merola, District Attorney), for respondent.

KUPFERMAN and LANE, JJ., concur with STEVENS, P.J.; BIRNS and CAPOZZOLI, JJ., dissent in opinion by CAPOZZOLI, J.


STEVENS, P.J.

This is an appeal from a judgment rendered September 14, 1973 in Bronx County (WARNER, J.) convicting defendant after a jury trial of the crime of selling a dangerous drug in the third degree and sentencing him to an indeterminate 10-year term of imprisonment, which conviction arises out of a sale of narcotics which occurred on March 20, 1973.

At trial, Pilar Ferrer, an undercover police...

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