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PEOPLE v. CRUZ

211 A.D.2d 452 (1995)

621 N.Y.S.2d 50

The People of the State of New York, Respondent, v. Antonio Cruz, Appellant

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

January 10, 1995

The undercover's testimony, credited by the fact finder (People v Malizia, 62 N.Y.2d 755, 757), that defendant took the buy money from his accomplice, was told to get "one", disappeared briefly to the back of the store and returned with a glassine of heroin was legally sufficient to establish defendant's participation in the drug sale. That no drugs or buy money were recovered from defendant or his accomplice does not show that the...

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