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PEOPLE v. JONES

95 N.Y.2d 721 (2001)

746 N.E.2d 1053

723 N.Y.S.2d 761

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN JONES, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 2001.

Attorney(s) appearing for the Case

Reed Smith, New York City, and M. Sue Wycoff for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (James A. Dolan and John M. Castellano of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

LEVINE, J.

Defendant was charged with criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) based upon allegations that, on November 7, 1996, he sold cocaine to an undercover police officer.

Prior to trial, defendant moved to suppress the physical evidence resulting from his arrest, including allegedly prerecorded "buy money" seized from his person. In support of the motion, defense counsel...

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