PEOPLE v. RIVERA


56 A.D.2d 897 (1977)

The People of the State of New York, Respondent, v. Noel Ace Rivera, Also Known as Angel Rivera, Also Known as Angelito, Appellant

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

March 21, 1977


Judgment reversed, on the law, and new trial ordered.

Defendant was indicted for selling $10 worth of heroin to an undercover police officer on two separate occasions. The only evidence adduced at the trial concerning the actual transactions was the testimony of the police officer who made the purchases and the testimony of defendant. Both witnesses testified convincingly and the testimony of either could have been accepted by the jury. During his summation the prosecutor...

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