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PEOPLE v. MURRAY

268 A.D.2d 349 (2000)

701 N.Y.S.2d 426

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICKY MURRAY, Appellant.

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

Decided January 25, 2000.

On this record, we cannot conclude that there was a demonstrable substantial probability that the undercover officer's safety would have been jeopardized by the presence, during his testimony, of defendant's wife (People v Nieves, 90 N.Y.2d 426), who no longer resided in the Bronx where defendant was arrested and was not shown to be involved in drug trafficking. As such, we are constrained...

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