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PEOPLE v. CARRERO

216 A.D.2d 148 (1995)

629 N.Y.S.2d 8

The People of the State of New York, Respondent, v. Peter Carrero, Appellant

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

June 22, 1995

Since the evidence showed that defendant personally exchanged drugs for money, the belatedly-disclosed fact that defendant handed the buy money to an unapprehended accomplice was merely evidentiary and had no effect on the "theory" of prosecution (People v Duncan, 46 N.Y.2d 74, 79-80, cert denied 442 U.S. 910), even though it tended to explain the disappearance of the buy money. Even assuming that defendant was unfairly and...

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