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PEOPLE v. GUNTHER

175 A.D.2d 262 (1991)

The People of the State of New York, Respondent, v. Tennyson Gunther, Appellant

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

July 22, 1991

Ordered that the judgment is reversed, on the law and as a matter of discretion, and a new trial is ordered. The facts have been considered and are determined to have been established.

The defendant in this case was arrested for the May 23, 1988, sale of crack cocaine to an undercover police officer. The testimony adduced at trial on behalf of the People indicated that as the undercover police officer entered a park in Queens...

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