PEOPLE v. McMATH


54 A.D.3d 566 (2008)

863 N.Y.S.2d 650

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID MCMATH, Appellant.

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

September 2, 2008.


In the mid-afternoon of June 13, 2005, defendant was selling miniature porcelain trees from a sidewalk stand in the vicinity of 150 Fulton Street in Manhattan. He was approached by two undercover officers, who were participating in a buy-and-bust operation. When one of the officers told defendant she "was looking for another kind of trees" and informed defendant that she had $60, he told her, "I could take care of you." Defendant...

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