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PEOPLE v. WAVER

3 N.Y.3d 748 (2004)

821 N.E.2d 934

788 N.Y.S.2d 630

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN WAVER, Also Known as JOHN WEAVER, Appellant.

Court of Appeals of the State of New York.

Decided November 23, 2004.

Attorney(s) appearing for the Case

Robert S. Dean, New York City, for appellant.

Robert M. Morgenthau, District Attorney, New York City (Sheryl Feldman and Alan Gadlin of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and a new trial ordered.

Defendant allegedly sold cocaine to an undercover officer during a buy-and-bust operation. The operation involved one undercover officer who purchased the drugs from defendant, as well as two other undercover officers who functioned as ghosts (i.e., they watched the transaction secretly to ensure the buying officer's safety). Following...

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