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PEOPLE v. DIAZ

209 A.D.2d 1 (1995)

The People of the State of New York, Appellant, v. Edjardo Diaz, Respondent

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

March 16, 1995

Attorney(s) appearing for the Case

Carol A. Remer-Smith of counsel, New York City (Sandra L. Sneed on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for appellant.

Laura Rossi-Ortiz of counsel, New York City (E. Joshua Rosenkranz and Joseph M. Nursey, attorneys), for respondent.

WALLACH, J. P., ROSS, RUBIN and NARDELLI, JJ., concur.

TOM, J.

The People herein appeal from the dismissal of an indictment charging defendant Edjardo Diaz with single counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]).

Testimony educed before a Grand Jury from the undercover

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