PEOPLE v. ACOSTA


172 A.D.2d 103 (1991)

The People of the State of New York, Respondent, v. Andre Acosta, Appellant

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

December 19, 1991


Attorney(s) appearing for the Case

Stephen R. Mahler of counsel (Mahler & Harris, P. C., attorneys), for appellant.

Beth J. Thomas of counsel (Eleanor J. Ostrow with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

CARRO, J. P., and KASSAL, J., concur with WALLACH, J.; KUPFERMAN and ASCH, JJ., dissent in separate opinions.


WALLACH, J.

Suspected of heavy involvement in the narcotics trade, defendant was the subject of police surveillance. A court-authorized wiretap on defendant's telephone revealed that for several days prior to his arrest he had been anticipating a delivery of cocaine from his suppliers for resale to a customer. Shortly after noon on the pertinent date a stakeout police officer observed an unidentified Hispanic...

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