PEOPLE v. DIAZ


174 A.D.2d 377 (1991)

The People of the State of New York, Respondent, v. Francisco Diaz, Appellant

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

June 11, 1991


At the trial, an undercover officer testified that he purchased two glassine envelopes of heroin from defendant for $20. At the pretrial suppression hearing that immediately preceded the trial, the arresting officer testified that only $10 in prerecorded buy money was recovered from defendant. In his opening arguments, defense counsel outlined a mistaken identification case noting, inter alia, that "the evidence is going to show that only half of the marked money had...

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