PEOPLE v. PETRALIA


62 N.Y.2d 47 (1984)

The People of the State of New York, Appellant, v. Anthony Petralia, Respondent.

Court of Appeals of the State of New York.

Decided May 8, 1984.


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Catherine Lomuscio and Richard G. Denzer of counsel), for appellant.

David Samel and William E. Hellerstein for respondent.

Judges JASEN, JONES, MEYER and SIMONS concur with Judge WACHTLER; Judge KAYE dissents and votes to affirm in a separate opinion in which Chief Judge COOKE concurs.


WACHTLER, J.

The defendant has moved to suppress evidence seized at the time of his arrest for allegedly selling drugs to an undercover police officer who had informed the arresting officer of the sale. After a hearing, at which only the arresting officer testified, the trial court suppressed the evidence on constraint of certain Appellate Division decisions which hold the testimony of the undercover officer essential...

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