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PEOPLE v. RIVERA

94 N.Y.2d 908 (2000)

729 N.E.2d 339

707 N.Y.S.2d 620

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

Court of Appeals of the State of New York.

Decided March 30, 2000.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Risa Gerson, Richard M. Greenberg and Daniel A. Warshawsky of counsel), for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Rona Feinberg and Sylvia Wertheimer of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

As part of the New York City Police Department's investigation into the sale of heroin in Upper Manhattan, an undercover officer engaged in a brief conversation with defendant, defendant made a telephone call and then the officer purchased drugs. The transaction, including the officer's conversation with defendant, was recorded on videotape, which contained an...

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