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PEOPLE v. COHEN

43 N.Y.2d 872 (1978)

The People of the State of New York, Respondent, v. Grafton Cohen, Appellant.

Court of Appeals of the State of New York.

Decided February 7, 1978.

Attorney(s) appearing for the Case

Edward J. Nowak for appellant.

Lawrence T. Kurlander, District Attorney, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed.

The testimony of the prosecution in this circumstantial case, when viewed in its most favorable light (People v Benzinger, 36 N.Y.2d 29), indicates that the defendant was walking down the street with someone who was to later enter into a transaction with an undercover police officer for the sale of heroin. There was no...

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