People v. Herman L.

Kassal and Rubin, JJ.,

dissent in a memorandum by Rubin, J., as follows: On the afternoon of October 16, 1989, an undercover police officer purchased from defendant three glassine envelopes stamped "Get Paid”, a brand of heroin. Defendant was arrested soon afterward, and seven glassine envelopes in addition to $10 in prerecorded buy money were recovered from his person. On October 30, 1989, defendant made a similar sale of "Get Paid” to an undercover police officer and was once again arrested.

Defendant was indicted in connection with both sales and moved to dismiss the indictments in the…