PEOPLE v. BETHEA


261 A.D.2d 629 (1999)

691 N.Y.S.2d 79

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BETHEA, Appellant.

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

Decided May 24, 1999.


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

The defendant was arrested during a so-called "buy and bust" drug operation conducted primarily by an undercover officer and a "ghost" officer. The ghost officer approached a grocery store located on Sutphin Boulevard between Ferndale and 109th Avenues, the interior of which was partitioned by plexiglass panels, so that anyone entering the store was restricted to a small vestibule. Purchases...

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