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PEOPLE v. SALEMMO

38 N.Y.2d 357 (1976)

The People of the State of New York, Appellant, v. Frank Salemmo, Respondent.

Court of Appeals of the State of New York.

Decided January 8, 1976.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Robert Mauer and Daniel J. Sullivan of counsel), for appellant.

Richard T. Farrell for respondent.

Chief Judge BREITEL and Judges GABRIELLI and FUCHSBERG concur with Judge JASEN; Judge JONES dissents and votes to affirm in a separate opinion in which Judges WACHTLER and COOKE concur.

JASEN, J.

On August 7, 1972, defendant allegedly arranged to sell narcotics to an undercover police officer. The following day, the transaction was completed and the substance sold was determined to be heroin. Thereupon, defendant was charged in a three-count indictment with criminally selling a dangerous drug in the third degree, criminal possession of a dangerous drug in the fourth degree with intent to sell...

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