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PEOPLE v. WHYTE

3 A.D.3d 458 (2004)

770 N.Y.S.2d 853

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTURO WHYTE, Appellant.

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

January 29, 2004.

At defendant's second trial (which followed rendition of a partial verdict at the first trial), the court properly admitted evidence of contemporaneous uncharged sales to complete the narrative of the officers' testimony, especially in light of the defense claim that defendant was merely one of the purchasers, and to establish the officers' opportunity to observe defendant and make a reliable identification (see People v Carter, 77 N.Y.2d 95

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