PEOPLE v. DeROSARIO


81 N.Y.2d 801 (1993)

The People of the State of New York, Respondent, v. Napoleon DeRosario, Appellant.

Court of Appeals of the State of New York.

Decided February 11, 1993.


Attorney(s) appearing for the Case

Barbara Zolot, New York City, and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Christina Welykyj and Gregory H. Mansfield of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be reversed, and a new trial ordered.

Defendant was convicted, after a jury trial, of robbery in the first degree, criminal possession of a controlled substance in the second degree, criminal sale of a controlled substance in the third degree, and criminal possession of a weapon in the second degree. The charges stemmed from a narcotics buy-and-bust operation...

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