PEOPLE v. MATHERINE


166 A.D.2d 322 (1990)

The People of the State of New York, Respondent, v. Francisco Matherine, Also Known as Francisco Mathurine, Appellant

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

October 23, 1990


Defendant and an accomplice, Christopher Hurk, sold three vials of crack cocaine for $30 to an undercover officer who then radioed to his backup team a detailed description of the defendant and Hurk. When defendant was arrested minutes later, the arresting officer noticed defendant was speaking as if he had something in his mouth. The "candy" defendant claimed to be eating proved to be three vials of crack cocaine.

Defendant argues that the court should have granted...

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