[Download] "People State New York v. Leonard Brown" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Leonard Brown
- Author : Supreme Court of New York
- Release Date : January 06, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Appeal by defendant from a judgment of the Supreme Court, Queens County (Beldock, J.), rendered March 25, 1980, convicting him of criminal sale of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. On January 11, 1979 defendant was arrested by undercover narcotics officers who were conducting a "buy and bust operation". At trial, the prosecution offered the testimony of two undercover narcotics officers. Their testimony was to the effect that one of the undercover officers entered a donut shop in the area of Jamaica Avenue and Sutphin Boulevard and asked "if anybody had anything". Defendant approached the officer and told him that he had "meth" (meaning methadone) but that he would not sell it for fear that the officer was "the man". The officer then left the donut shop and, walking along Sutphin Boulevard, approached Archer Avenue, where he met two persons. Through these two persons the officer again came to meet defendant, who then agreed to sell the officer methadone. The officer followed defendant into a fish store in the vicinity and gave him $15 for a bottle of liquid. The officer then exited the store and removed the hood of his sweatshirt from his head. This was a signal to a backup team of officers and after the undercover officer pointed out defendant, he was arrested. A chemist assigned to the police laboratory testified that he analyzed the liquid in the bottle which the officer had purchased from defendant and found methadone to be present. In summation, defendants counsel argued that the scenario set out by the prosecution was "incredible" and that the officers had a stake in making defendants arrest "stick". In response, the prosecutrix stated in summation: "Defense counsel thinks its incredible testimony for a police officer to go into a donut shop, Hey, got anything? He doesnt think it makes sense for a police undercover officer to approach people on the street and say, Hey, you got anything? This is incredible to Mr. Gross. Keep in mind whether its incredible to you or not. You heard the testimony. I might remind you that its uncontroverted testimony." [91 A.D.2d 615 Page 616]