PEOPLE v. TAVARES


212 A.D.2d 646 (1995)

622 N.Y.S.2d 579

The People of the State of New York, Respondent, v. Robert Tavares, Appellant

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

February 14, 1995


Ordered that the judgment is reversed, on the law, and a new trial is ordered; and it is further,

Ordered that, prior to the new trial, a Wade hearing is to be held. The facts have been considered and determined to have been established.

The defendant's contention that the evidence adduced by the People is legally insufficient to establish that the substance that the undercover officer purchased from the defendant on April 5, 1989, was cocaine is unpreserved...

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