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PEOPLE v. ORTIZ

146 Misc.2d 594 (1990)

The People of the State of New York, Respondent, v. Ignazio Ortiz, Appellant.

Supreme Court, Appellate Term, Second Department.

May 8, 1990

Attorney(s) appearing for the Case

Nelson W. Schmukler for appellant. Charles J. Hynes, District Attorney (Jay M. Cohen, Ann Bordley and David O. Leiwant of counsel), for respondent.

KASSOFF, P. J., WILLIAMS and SANTUCCI, JJ., concur.

MEMORANDUM.

Judgment of conviction affirmed.

The defendant was convicted of criminal possession of a controlled substance in the seventh degree upon testimony by a police officer that he was seen holding glassine envelopes in his hand, which envelopes he threw to the ground upon the officer's approach. The officer retrieved the envelopes and a subsequent laboratory test determined that they contained heroin.

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