PEOPLE v. FLIHAN


131 A.D.2d 269 (1987)

The People of the State of New York, Respondent, v. Timothy M. Flihan, Appellant

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

November 10, 1987


Attorney(s) appearing for the Case

G. Lawrence Dillon, for appellant.

Robert Abrams, Attorney-General (Arthur Weinstein and Ronald Goldstock of counsel), for respondent.

PINE, LAWTON and DAVIS, JJ., concur with BOOMER, J.; DOERR, J. P., dissents and votes to reverse and dismiss the indictment in a separate opinion.


BOOMER, J.

Defendant appeals from a judgment entered upon a plea of guilty convicting him of conspiracy in the second degree. His principal argument is that his plea should have been set aside because he had been granted transactional immunity.

Defendant was arrested for selling 500 grams of cocaine to an undercover police officer. Immediately after his arrest he gave the officer information about the...

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