PEOPLE v. WERNER


55 A.D.2d 317 (1977)

The People of the State of New York, Respondent, v. Dwain J. Werner, Appellant

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

January 14, 1977


Attorney(s) appearing for the Case

George T. Dunn (Gerald Barth of counsel), for appellant.

Edward P. Kearse, District Attorney (John Cirando of counsel), for respondent.

MARSH, P. J., MOULE, CARDAMONE and DILLON, JJ., concur.


GOLDMAN, J.

Appellant was convicted upon narcotic sale, possession and conspiracy charges arising from a sale to Officer John Brennan, an undercover narcotic investigator. Trial testimony indicated that the drugs were sold to Brennan by one Arthur Risteff in an apartment which Risteff shared with one Marlene Cirbus. Brennan, who had a radio transmitter concealed on his person during the transaction, paid for...

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