People v. Malagon

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, the defendant’s conviction vacated, and the indictment dismissed.

The defendant was convicted of conspiracy in the first degree for allegedly conspiring with one Mostovoy to sell cocaine on five specified dates in 1975. The People submitted proof that Mostovoy sold the drug to an undercover officer at or near an apartment in Manhattan. The defendant was never present during any of these sales and, during these transactions, Mostovoy never mentioned the defendant as being involved in the illegal drug traffic.…