PEOPLE v. CHARLES J


73 A.D.2d 322 (1980)

The People of the State of New York, Respondent, v. Charles J., Appellant

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

March 20, 1980


Attorney(s) appearing for the Case

Joseph Calluori of counsel (William E. Hellerstein, attorney), for appellant.

Christina M. Campriello of counsel (Mark Dwyer with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

SANDLER and CARRO, JJ., concur with SULLIVAN, J.; BIRNS, J. P., and BLOOM, J., dissent in an opinion by BLOOM, J.


SULLIVAN, J.

At issue is the legality of a search predicated upon the transfer of a single glassine envelope, approximately one to one and one-quarter inches long by one-half to five-eighths of an inch wide, in circumstances which indicated to a police officer surveying the exchange that a sale of heroin had taken place. Certain uncontroverted facts were established at the suppression hearing.

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