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PEOPLE v. NIEVES

143 A.D.2d 229 (1988)

The People of the State of New York, Respondent, v. Raymond Nieves, Appellant

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

August 22, 1988

Ordered that the judgment is affirmed.

The defendant's conviction arises from his sales of heroin to an undercover police officer on three separate occasions. On the present appeal, he contends that the prosecution failed to disprove his defense that he merely acted as an agent for the purchaser. The contention is without merit, as the prosecution adduced ample evidence demonstrating that the defendant was an active seller...

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