43 A.D.2d 917 | N.Y. App. Div. | 1974
Judgment, Supreme Court, New York County, rendered April 4, 1972, convicting defendant, after a jury trial, of criminally selling a dangerous drug in the third degree, unanimously reversed, on the law, and a new trial directed. On September 21,1970 an undercover police officer, Detective Webster, allegedly purchased a quantity of heroin from the defendant on the sidewalk at the corner of 123rd Street and Lexington Avenue. Webster’s so-called backup team, Patrolmen Raines, Lauver and O’Grady, were stationed in a car parked about a half block from the scene of the alleged sale. Upon seeing Webster signal that he had made a purchase, the backup team drove to a prearranged point where Webster sealed, signed and left the purchased drug. Webster then entered a truck and drove back to the scene of the purchase where, after driving around the block several times, he again saw defendant standing