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PEOPLE v. NESBITT

230 A.D.2d 755 (1996)

646 N.Y.S.2d 522

The People of the State of New York, Respondent, v. Elijah Nesbitt, Appellant

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

August 5, 1996

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant allegedly sold narcotics to an undercover police officer. The officer dictated the complaint reports onto audiotapes, which were later transcribed into typed reports. At the time of trial, the audiotapes were no longer available.

We agree with the defendant's contention that, had the audiotapes been available, the People...

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