PEOPLE v. LUCIANO


64 A.D.2d 614 (1978)

The People of the State of New York, Respondent, v. Alejandro Luciano, Appellant

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

July 3, 1978


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

No issue has been presented with respect to the facts. At the trial there was testimony that an undercover officer, Michael D. McCann, bought heroin from defendant on two occasions. A back-up team provided security for the officer and subsequently made the arrest. Officer McCann was the only witness who was present during the sale of the narcotics. He described how he met defendant and how defendant sold him packets...

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