PEOPLE v. CABRERA


268 A.D.2d 316 (2000)

701 N.Y.S.2d 402

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBY CABRERA, Appellant.

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

Decided January 20, 2000.


An undercover officer observed defendant hand a third party several glassines of heroin in exchange for money. When the officer solicited two glassines, defendant insisted that the putative buyer first snort some heroin and, upon the officer refusing, defendant walked away without consummating that sale. When the backup team approached defendant, he ran, discarding 20 glassines of heroin, comprising item 2 of People's Exhibit 1, during his flight. This gave rise to Count...

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