PEOPLE v. SANABRIA


73 A.D.2d 696 (1979)

The People of the State of New York, Respondent, v. Carmen Sanabria, Appellant

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

December 31, 1979


Judgment reversed, on the law, indictment dismissed, and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

A sale of more than one ounce of heroin to an undercover police officer gave rise to the charge on which the defendant was convicted. The sale occurred in the kitchen of defendant's apartment, and it is this fact upon which the prosecution principally relied to establish defendant...

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