PEOPLE v. DIAZ


183 A.D.2d 912 (1992)

The People of the State of New York, Respondent, v. Jose Diaz, Also Known as Tony Valerio, Appellant

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

May 26, 1992


Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

The evidence adduced at the defendant's trial established that before 9:00 P.M. on the night of December 29, 1988, the codefendant Ferrara, whose case had been severed from the defendant's, had been selling glassine envelopes of narcotics over the counter of a grocery store in Queens County, while the defendant, according to several police...

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