PEOPLE v. KELLY


209 A.D.2d 436 (1994)

618 N.Y.S.2d 822

The People of the State of New York, Appellant, v. Raymond Kelly, Respondent

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

November 7, 1994


Ordered that the order is reversed, on the law, and the defendant's motion to vacate his judgment of conviction is denied.

On the evening of August 12, 1991, an undercover narcotics officers observed a man approach the defendant and engage in a brief conversation with him. The man then reached into his pocket and handed the defendant money. After accepting the money, the defendant retrieved a brown paper bag from a garbage dumpster, and removed several vials of crack...

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