On November 3, 1986, Police Officer Michael Shalley was on the rooftop of a 15-story building when he observed the corner of West 95th Street and Amsterdam Avenue through a telescope with a magnification of 40 times. Officer Shalley saw defendant and his accomplice sell two vials of cocaine to a buyer. Soon thereafter, defendant was arrested by a backup team. At the ensuing trial, he asked the court to instruct the jury that it could not look through the telescope during...
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