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PEOPLE v. GARCIA

271 A.D.2d 81 (2000)

710 N.Y.S.2d 345

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK GARCIA, Appellant.

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

June 29, 2000.

Attorney(s) appearing for the Case

Karen Heiss Eisen of counsel (Penny Rosenberg on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

Nancy E. Little, New York City, of counsel (M. Sue Wycoff, attorney), for appellant.

WALLACH and SAXE, JJ., concur with TOM, J. P.; RUBIN and ELLERIN, JJ., dissent in a separate opinion by RUBIN, J.

OPINION OF THE COURT

TOM, J. P.

Defendant was convicted of criminal sale and possession of a controlled substance arising out of a buy-and-bust operation by an undercover officer at 136th Street and Amsterdam Avenue in Manhattan. The only basis on which reversal is required concerns the outcome of the Hinton hearing and the consequences for appeal, in which regard we are constrained by Court of Appeals authority.

During jury selection, the...

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