PEOPLE v. HEISS


113 A.D.2d 953 (1985)

The People of the State of New York, Respondent, v. Bernard Heiss, Appellant

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

September 30, 1985


Judgment reversed, on the law, counts 1, 2 and 3 of the indictment dismissed, and new trial ordered on counts 7 and 8 of the indictment.

The People failed to establish a proper chain of custody with respect to the cocaine allegedly sold by defendant on August 4, 1983. The testimony of the People's witnesses established that defendant handed a cellophane envelope containing a white powdery substance to Steven Steinback, a codefendant who turned State's evidence. Neither...

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