PEOPLE v. FIGUEROA


111 A.D.2d 406 (1985)

The People of the State of New York, Respondent, v. Luis Figueroa, Appellant

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

May 28, 1985


Upon reargument, the order and decision of this court, both dated May 31, 1983, are recalled and vacated and the judgment rendered December 7, 1979 is affirmed.

The case involves a "buy and bust" operation. At the suppression hearing, the backup officers testified that they saw some hand motions, and it appeared that defendant was conversing with the undercover officer. They could not see the actual drug transaction, however. Upon receiving a radio communication from...

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