[Download] "People State New York v. Dwain J. Werner" by Supreme Court of New York * Book PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Dwain J. Werner
• Author : Supreme Court of New York
• Release Date : January 14, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

[55 A.D.2d 317 Page 318] Appellant was convicted upon narcotic sale, possession and conspiracy charges arising from a sale to Officer John Brennan, an undercover narcotic investigator. Trial testimony indicated that the drugs were sold to Brennan by one Arthur Risteff in an apartment which Risteff shared with one Marlene Cirbus. Brennan, who had a radio transmitter concealed on his person during the transaction, paid for the drugs with marked bills. Brennan did not see appellant in the apartment during the sale. A few moments after Brennan left the apartment with the drugs, Risteff and appellant were accosted on a common stairway of the apartment building by Officer Tardio, who brought them back upstairs to the apartment where the sale had occurred. Brennan shortly returned to the apartment, where appellant was then searched and $450 in marked bills were found on his person. Appellant's motion to suppress the marked bills was denied. At trial, Risteff was called by the prosecution. He testified that he obtained the drugs which he sold to Officer Brennan from appellant, that appellant was hiding in a nearby closet during the sale, in case of a rip-off and that after Brennan left, appellant emerged from the closet and received $450 of the proceeds of the sale from Risteff, as per a prior agreement. Marlene Cirbus was also called by the prosecution. She testified, inter alia, that she heard appellant discussing the sale with Risteff and that appellant hid in the closet while the sale was taking place.

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