PEOPLE v. MACK


72 A.D.2d 753 (1979)

The People of the State of New York, Respondent, v. John Mack, Appellant

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

November 5, 1979


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

No issue has been presented with respect to the facts. The testimony at trial revealed that the sole identification of appellant at the time of the sale was made by the undercover officer. Testimony was adduced from the officer in charge of the back-up team to the effect that the undercover officer had pointed appellant out to him on other occasions, in the neighborhood, as the seller. Such testimony constituted...

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