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PEOPLE v. MATIENZO

81 N.Y.2d 778 (1993)

The People of the State of New York, Respondent, v. Sixto Matienzo, Appellant.

Court of Appeals of the State of New York.

Decided January 19, 1993.

Attorney(s) appearing for the Case

Howard A. Pincus, New York City, and Ira Mickenberg for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (David Joseph Mudd of counsel), for respondent.

Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

While stationed in a hidden observation post on the evening of October 12, 1989, Police Officer Brendan Carney saw defendant standing on a street corner in a high-crime area of Manhattan. As the officer watched, defendant removed a small plastic bag from a brown paper bag and handed it to another man in exchange for money. Carney radioed to Police...

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