PEOPLE v. WHARTON


74 N.Y.2d 921 (1989)

The People of the State of New York, Respondent, v. Anthony Wharton, Appellant.

Court of Appeals of the State of New York.

Decided November 28, 1989.


Attorney(s) appearing for the Case

Richard Joselson and Philip L. Weinstein for appellant.

Elizabeth Holtzman, District Attorney (Joyce Bresnick, Barbara D. Underwood and Roseann B. MacKechnie 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.

An undercover police officer carrying out his official duties on a Brooklyn street, in what is commonly referred to as the law enforcement technique of a narcotics "buy and bust" operation, purchased two foil packets of cocaine from defendant. The undercover purchasing officer radioed a description of defendant to the backup team of officers, who...

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