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PEOPLE v. RECUPERO

73 N.Y.2d 877 (1988)

The People of the State of New York, Respondent, v. Alphonse Recupero, Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1988.

Attorney(s) appearing for the Case

Richard Joselon and Philip L. Weinstein for appellant.

Paul T. Gentile, District Attorney (Jonathan R. Walsh and Billie Manning of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and BELLACOSA concur; Judge TITONE dissents and votes to reverse in an opinion in which Judge HANCOCK, JR., concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was arrested and subsequently indicted for criminal possession and sale of a controlled substance for incidents occurring on August 22, 1983, when defendant gave a small quantity of cocaine to an undercover police officer to provide the officer with a sample of the type of drug he was to sell in larger quantities, and on August 23 when defendant...

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