PEOPLE v. TORRES


49 A.D.3d 326 (2008)

853 N.Y.S.2d 73

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAYSON TORRES, Appellant.

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

Decided March 11, 2008.


An officer saw defendant engage in two transactions suggestive of drug sales, and then saw him actually give drug packets to an unapprehended buyer in return for cash. The police arrested defendant and found 13 glassine envelopes of heroin on his person. Defendant's theory at trial was that the heroin was only for his personal use, that he did not sell drugs, and that he had purchased, rather than sold, drugs during the encounter observed by the officer.

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