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PEOPLE v. COLON

238 A.D.2d 18 (1997)

667 N.Y.S.2d 692

The People of the State of New York, Respondent, v. William Colon, Appellant

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

December 30, 1997

Attorney(s) appearing for the Case

Jacqueline M. Vernon of counsel, Bronx (Stanley R. Kaplan on the brief; Robert T. Johnson, District Attorney of Bronx County, attorney), for respondent.

George P. Chang of counsel, New York City, pro hac vice (Joel B. Atlas, Robert S. Dean and Adrienne Gantt on the brief; Daniel L. Greenberg, attorney), for appellant.

MILONAS, ROSENBERGER and WALLACH, JJ., concur with MURPHY, P. J.; ANDRIAS, J., dissents in a separate opinion.

MURPHY, P. J.

Defendant was tried upon an indictment charging him with third degree criminal possession and sale of a controlled substance. Both counts of the indictment arose out of a single transaction in which defendant allegedly sold one glassine envelope of heroin to an undercover officer. At defendant's trial, the undercover officer testified that after observing defendant pass a glassine envelope to a...

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