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PEOPLE v. ALVAREZ

65 A.D.2d 146 (1978)

The People of the State of New York, Respondent, v. Diane Alvarez, Appellant

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

December 7, 1978

Attorney(s) appearing for the Case

Harold L. Levy of counsel (Flamhaft, Levy & Kamins, attorneys), for appellant.

Bruce Allen of counsel (Jerrold L. Neugarten with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

EVANS and MARKEWICH, JJ., concur with LUPIANO, J. P.; SULLIVAN, J., concurs in an opinion.

LUPIANO, J.

Defendant was found guilty of criminal sale of a controlled substance in the second degree, but not guilty of conspiracy in the first degree. The background of the instant matter is as follows:

A confidential informant, Jason Starr, arranged to have a detective meet one Ronald Berkowitz in order to buy from the latter an ounce of cocaine for $2,200. However, Berkowitz did not appear at the...

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