PEOPLE v. DIAZ


48 A.D.3d 335 (2008)

851 N.Y.S.2d 547

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX DIAZ, Appellant.

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

Decided February 26, 2008.


Defendant was charged with making three drug sales to apprehended buyers in front of a building containing an apartment that had been under investigation. The police subsequently searched the apartment pursuant to a warrant, finding additional drugs and paraphernalia, as well as mail containing defendant's name and the apartment's address. At trial, defendant's theory of defense was that he lived elsewhere and had no connection with this apartment or with any drug sales....

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