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PEOPLE v. RODRIGUEZ

193 A.D.2d 633 (1993)

597 N.Y.S.2d 449

The People of the State of New York, Respondent, v. Juan Rodriguez, Appellant

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

May 3, 1993

Ordered that the judgment is affirmed.

The defendant was arrested and charged as a result of a so-called "buy and bust" operation involving the sale of cocaine. The evidence reveals that during the undercover officer's driveby showup identification, he positively identified the defendant, but was unable to identify another, who fit the description of the second perpetrator. The defendant was then arrested and the other individual...

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