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PEOPLE v. ROBINSON

68 A.D.2d 413 (1979)

The People of the State of New York, Respondent, v. Mary Lee Robinson, Appellant

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

June 7, 1979

Attorney(s) appearing for the Case

Robert A. Goldschlag (Robert Z. Dobrish with him on the briefs), attorney for appellant.

Charles Evan Stewart of counsel (James D. Veach with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

LANE, SILVERMAN and LYNCH, JJ., concur; KUPFERMAN, J. P., concurs in result only.

LUPIANO, J.

An undercover police officer (Jackson) purchased a quantity of heroin from one Franklin Simmons. Simmons used defendant, Mary Lee Robinson, as the messenger in this transaction to bring the narcotics to him. About six months after the sale, Simmons was arrested. A member of the surveillance team (Officer Ambrozaitis) spoke to defendant in the courtroom on the day of Simmons' arraignment. Defendant...

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