PEOPLE v. SMITH


247 A.D.2d 781 (1998)

669 N.Y.S.2d 683

The People of the State of New York, Respondent, v. Denise Y. Smith, Appellant

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

February 26, 1998


Mikoll, J. P.

The underlying facts of this case involve the purchase of drugs by Robert Birk, a police officer from the Hudson City Police Department on April 24, 1996. Birk, working undercover, was riding around in an unmarked car looking for people who were dealing in drug sales. Edward Simmons approached him, wanting to deal with him. Simmons offered to get Birk "two", meaning two pieces of crack cocaine. At Simmons' direction, they proceeded in Birk...

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