People v. Peltak

*906OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted for a new trial.

Three undercover agents testified that they were accompanied by two confidential informants to the Hampton Manor Restaurant on May 24, 1973. All three agents identified defendant as having made the drug sale. From the testimony of the agents it is unclear what the informants observed, but it appears that at least one of them identified the defendant prior to the sale. The defendant took the stand in his own behalf and offered the testimony of several credible witnesses…