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PEOPLE v. LEE

83 A.D.2d 311 (1981)

The People of the State of New York, Appellant, v. Charles Lee and Allen Niescher, Respondents

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

November 24, 1981

Attorney(s) appearing for the Case

David H. Steiner of counsel (Mark Dwyer with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

David Lenefsky of counsel (Lenefsky & Lenefsky, P. C., attorneys), for respondents.

KUPFERMAN, J. P., SANDLER, and LUPIANO, JJ., concur.

CARRO, J.

An undercover police officer purchased cocaine from defendant Lee, inside of the apartment belonging to Lee and his codefendant, on May 20, 1980. One week later, on May 27, an informant advised a narcotics division officer that he was within the apartment when a quantity of cocaine was delivered to defendant Lee. At 3:45 P.M. of that day the undercover officer returned to the apartment and purchased cocaine from Lee. Following this purchase...

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