PEOPLE v. MUNOZ


54 A.D.2d 844 (1976)

The People of the State of New York, Respondent, v. Bernardo Munoz, Appellant

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

November 10, 1976


Unanimously reversed, on the law and the facts, and the indictment is dismissed.

If the defendant is still incarcerated, he shall be discharged forthwith. In our view there is a reasonable doubt as a matter of law (cf. People v Ledwon, 153 N.Y. 10, 17) whether defendant was acting as agent for the buyer and thus was not guilty of the crime. We think it was particularly unfair for the police to use the defendant's...

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