PEOPLE v. JIMENEZ


60 A.D.2d 610 (1977)

The People of the State of New York, Respondent, v. Eugene Jimenez, Appellant

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

December 12, 1977


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial granted.

Defendant's conviction arose out of his alleged sale of three tinfoils of cocaine to an undercover policeman on January 11, 1974. The People's case rested primarily on the testimony of the undercover officer. The officer testified that he had gone to a restaurant with an informant and stood at a counter while the informant went to the back of the restaurant...

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