PEOPLE v. PELTAK


45 N.Y.2d 905 (1978)

The People of the State of New York, Respondent, v. Robert A. Peltak, Appellant.

Court of Appeals of the State of New York.

Decided October 26, 1978.


Attorney(s) appearing for the Case

E. Stewart Jones, Jr., for appellant.

Thomas E. Mercure, District Attorney, for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum; Judge GABRIELLI dissents and votes to affirm in a memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted for a new trial.

Three undercover agents testified that they were accompanied by two confidential informants to the Hampton Manor Restaurant on May 24, 1973. All three agents identified defendant as having made the drug sale. From the testimony of the agents it is unclear what the informants observed, but it appears that at least...

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