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PEOPLE v. MITCHELL

169 A.D.2d 478 (1991)

The People of the State of New York, Respondent, v. Joseph Mitchell, Appellant

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

January 15, 1991

In this "buy-and-bust" operation the prosecution proved beyond a reasonable doubt that defendant was not acting merely as an agent of the buyer. The evidence showed that the undercover officer approached a group of people in front of a bodega, and asked if anyone had crack. Defendant responded that he did. Defendant and the undercover were not acquainted with each other prior to this time. By asking how much the undercover officer...

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