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PEOPLE v. WALLACE

76 N.Y.2d 953 (1990)

The People of the State of New York, Respondent, v. Mark Wallace, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1990.

Attorney(s) appearing for the Case

Robert S. Dean and Philip L. Weinstein for appellant.

John J. Santucci, District Attorney (Seymour Roth of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, and a new trial ordered.

Defendant has been convicted of criminal sale of a controlled substance, third degree. At trial, the undercover officer testified that he wrote defendant's description as he was broadcasting it over the police radio, and the arresting officer stated that he recorded the description as he was receiving

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