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  5. 81 N.Y.2d 753 (1992)
 

PEOPLE v. LYONS

81 N.Y.2d 753 (1992)

The People of the State of New York, Respondent, v. Christopher Lyons, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1992.

Attorney(s) appearing for the Case

Andrew H. Freifeld, New York City, Barry D. Leiwant, Ronald J. Tabak and Philip L. Weinstein for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Andrew J. Barovick, Tammy J. Smiley and Barbara D. Underwood of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., BELLACOSA and SMITH concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was arrested in a "buy and bust" street narcotics exchange involving a transactional undercover police officer, backup officers and a designated "arresting officer". The perpetrator was convicted of a criminal drug sale in the third degree. At trial, defense counsel requested a missing witness instruction to the jury because the designated...

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