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  5. 92 N.Y.2d 996 (1998)
 

PEOPLE v. MIKE

92 N.Y.2d 996 (1998)

706 N.E.2d 1189

684 N.Y.S.2d 165

The People of the State of New York, Respondent-Appellant, v. Jeffel Mike, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided December 3, 1998.

Attorney(s) appearing for the Case

Robert M. O'Leary, Public Defender of Broome County, Binghamton (William L. Brown of counsel), for appellant-respondent.

Gerald F. Mollen, District Attorney of Broome County, Binghamton (Joann Rose Parry of counsel), for respondent-appellant.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur in memorandum; Judge BELLACOSA dissents in part in an opinion.

MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed.

Defendant was convicted, after a bench trial, of third degree criminal sale of a controlled substance. Defendant approached two off-duty police officers and inquired whether they were interested in purchasing an unspecified type and quantity of drugs. One of the officers asked...

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