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PEOPLE v. GIBBS

59 N.Y.2d 930 (1983)

The People of the State of New York, Respondent, v. Edward Gibbs, Appellant.

Court of Appeals of the State of New York.

Decided June 28, 1983.

Attorney(s) appearing for the Case

David T. Wasserman and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Andrew J. Frackman and John Latella of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant, upon his trial for criminal sale of a controlled substance, relied solely upon the defense of agency. The prosecutor, in an apparent effort to refute the defense, repeatedly attempted to question an arresting officer concerning defendant's possession of "buy money" when he was arrested. Defense...

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