PEOPLE v. RIVERA


58 A.D.2d 147 (1977)

The People of the State of New York, Respondent, v. Angel Rivera, Appellant

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

June 30, 1977


Attorney(s) appearing for the Case

Milton M. Rosenberg (Arthur M. Unterman with him on the brief), attorney for appellant.

Robert Plautz of counsel (Mario Merola, District Attorney), for respondent.

EVANS, J., concurs with SILVERMAN, J.; BIRNS, J. P., concurs in an opinion; CAPOZZOLI, J., dissents in an opinion.


SILVERMAN, J.

Defendant appeals from a judgment convicting him after jury trial of criminal sale of a controlled substance in the third degree and related counts. (Penal Law, §§ 220.39; 220.16.)

The People's witnesses testified to a transaction whereby the defendant in concert with a juvenile sold narcotics to an undercover officer for $20, and that on defendant's arrest, immediately after the...

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