PEOPLE v. POLENCA


204 A.D.2d 911 (1994)

612 N.Y.S.2d 499

The People of the State of New York, Respondent, v. Jose Ten Polenca, Also Known as Jose Then Polanco, Appellant

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

May 26, 1994


Mercure, J.

Defendant's conviction was based solely upon the trial testimony of State Police Investigator Patricia Donovan that she made an undercover purchase of cocaine from defendant in April 1989. Notably, Donovan did not have occasion to see defendant in person from the time of the alleged drug sale until January 3, 1991, nearly two years later. Although the statement was not responsive to the People's inquiry and County Court gave a curative instruction...

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