PEOPLE v. KELSEY


194 A.D.2d 248 (1994)

The People of the State of New York, Respondent, v. Tyrone Kelsey, Appellant

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

January 18, 1994


Attorney(s) appearing for the Case

Martin M. Lucente of counsel (Philip L. Weinstein, attorney), for appellant.

Luke Martland of counsel (Carol A. Remer-Smith with him on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

CARRO, ROSENBERGER, ROSS and ASCH, JJ., concur.


SULLIVAN, J. P.

Defendant's conviction arises out of a "buy-and-bust" operation on the upper east side of Manhattan. On April 11, 1990, at approximately 2:30 P.M., Detective Schoberle, a member of a tactical narcotics team (TNT), dressed "like a regular street person", approached a group of men standing by a mailbox on the corner of 100th Street and Third Avenue and asked if "anybody was working." Defendant...

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