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PEOPLE v. RIVERA

257 A.D.2d 172 (1999)

691 N.Y.S.2d 4

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL RIVERA, Appellant.

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

April 22, 1999.

Attorney(s) appearing for the Case

Rona Feinberg of counsel (Sylvia Wertheimer on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

Matthew B. White of counsel (Cravath, Swaine & Moore, Schulte Roth & Zabel, L. L. P., and Risa Gerson, Office of the Appellate Defender, attorneys), for appellant.

NARDELLI and RUBIN, JJ., concur with WILLIAMS, J.; ROSENBERGER, J. P., dissents in a separate opinion.

OPINION OF THE COURT

WILLIAMS, J.

During the period from August to December 1995, the New York City Police Department ran an undercover drug investigation of the sale of "Good Job" brand heroin in the area of 136th Street and Amsterdam Avenue. The undercover officer acting as the drug purchaser made 13 purchases of "Good Job" in the course of the investigation. Each transaction was recorded on both videotape and audiotape. The operation resulted in the arrests...

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