PEOPLE v. LESIUK


161 A.D.2d 21 (1990)

The People of the State of New York, Respondent, v. Vasil Lesiuk, Appellant

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

September 13, 1990


Attorney(s) appearing for the Case

D. J. & J. A. Cirando (John A. Cirando of counsel), for appellant.

George M. Dentes, District Attorney (James H. Church of counsel), for respondent.

MAHONEY, P. J., and MERCURE, J., concur with LEVINE, J.; MIKOLL and YESAWICH, JR., JJ., dissent and vote to reverse in an opinion by YESAWICH, JR., J.


LEVINE, J.

The indictment against defendant for sale of marihuana was handed up in November 1987 and arose out of an alleged transaction occurring December 4, 1986 between him and a State Police undercover officer who was introduced to defendant by a police informant named Charles Harvey. Defendant was not arrested on the charge until some eight months after the sale. Defendant moved to dismiss the indictment...

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