People v. Luciano

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before MARTUSCELLO
• Citation: People v. Luciano, 406 N.Y.S.2d 528, 64 A.D.2d 614 (N.Y. App. Div. 1978)
• Decision Date: 03 July 1978
• Parties: The PEOPLE, etc., Respondent, v. Alejandro LUCIANO, Appellant.

Page 528

406 N.Y.S.2d 528

64 A.D.2d 614

The PEOPLE, etc., Respondent, v. Alejandro LUCIANO, Appellant.

Supreme Court, Appellate Division,Second Department.

July 3, 1978.

William E. Hellerstein, New York City (Nancy S. Hobbs, New York City, of counsel), for appellant.

Eugene Gold, Dist. Atty., Brooklyn (Salvatore S. Russo, New York City, of counsel), for respondent.

Before MARTUSCELLO, J. P., and LATHAM, SHAPIRO and O'CONNOR, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered July 24, 1975, convicting him of two counts of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Judgment reversed, on the law, and new trial ordered. No issue has been presented with respect to the facts.

At the trial there was testimony that an undercover officer, Michael D. McCann, bought heroin from defendant on two occasions. A back-up team provided security for the officer and subsequently made the arrest. Officer McCann was the only witness who was present during the sale of the narcotics. He described how he met defendant and how defendant sold him packets of heroin on two separate days. Over the objection of defense counsel, the officer was permitted to testify as to what he had reported to members of the back-up team after the sales were made and after the defendant's arrest. That...