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PEOPLE v. SULLIVAN

160 A.D.2d 161 (1990)

The People of the State of New York, Respondent, v. Daniel Sullivan, Appellant The People of the State of New York, Respondent, v. Serg Johnson, Appellant

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

August 16, 1990

Attorney(s) appearing for the Case

Karen L. Mallory of counsel (Mark Dwyer and James M. McGuire with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

David Blackstone for Daniel Sullivan, appellant.

Joseph A. Zayas of counsel (Philip L. Weinstein, attorney), for Serg Johnson, appellant.

MURPHY, J. P., ROSS, ASCH and RUBIN, JJ., concur.

ROSENBERGER, J.

Defendants were arrested by officers from a Street Narcotics Unit on June 30, 1987. From his observation points on the roofs of buildings located on Ludlow and Rivington Streets, Police Officer Daniel Keenan, using his binoculars, saw an unidentified individual hand numerous glassine envelopes to defendant Johnson who then turned them over to defendant Sullivan. Sullivan gave Johnson some money...

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