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PEOPLE v. CHARLES

137 Misc.2d 111 (1987)

The People of the State of New York, Plaintiff, v. Dennis Charles and Fritz DePass, Defendants.

Supreme Court, Special Term, Kings County.

September 14, 1987

Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Valentina Hosking of counsel), for plaintiff. Joshua Horowitz for Dennis Charles, defendant. Gary Alexion for Fritz DePass, defendant.

HERBERT KRAMER, J.

Is trial testimony of acts committed and statements made by drug seekers within a short time after seller's arrest admissible? The court holds that such statements are not hearsay and are admissible to illustrate a defendant's state of mind.

FACTS

Police were engaged in surveillance of a small multiple dwelling and its environs from several hundred feet away. They observed...

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