PEOPLE v. CELESTINO


201 A.D.2d 91 (1994)

The People of the State of New York, Respondent, v. Francisco Celestino, Appellant

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

July 28, 1994


Attorney(s) appearing for the Case

Regan A. Shulman of counsel (E. Joshua Rosenkranz, Mark Gimpel and Howard Horowitz on the brief), and Stroock & Stroock & Lavan for appellant.

Joseph J. Dawson of counsel (Norman Barclay with him on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

SULLIVAN, J. P., WALLACH and ASCH, JJ., concur.


TOM, J.

On February 20, 1989, undercover Police Officer Fernando Lovera and his backup team were assigned to a "buy and bust" operation in upper Manhattan. At approximately 2:00 P.M., Officer Lovera approached the building designated as 3149 Broadway and, from a distance of approximately 50 to 60 feet, observed defendant, Juan Vargas and an unidentified black male standing and talking outside the building's entrance...

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