PEOPLE v. RODRIGUEZ


196 A.D.2d 690 (1993)

601 N.Y.S.2d 303

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

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

September 2, 1993


Defendant and an accomplice were charged with selling cocaine to an undercover police officer. The evidence at trial established that the undercover officer approached defendant and the accomplice, Tito Falcon, who were standing about two feet apart from each other. She asked defendant whether he had any nickels, to which he responded, "how many?" After the officer responded "four", defendant turned to Falcon and spoke to him in...

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