People v. Nickle

Titone, J. P.,

dissents and votes to reverse the judgment and order a new trial, with the following memorandum: At trial the undercover officer testified that when he met the defendant, the defendant initially did not recognize him, but later remembered their prior acquaintance stating, "Look man, the reason why I didn’t remember you is I sell so much dope to so many people, I don’t remember everybody. I don’t sell to nobody I don’t know.” This testimony was unnecessary to the narration of the drug transaction, which occurred the following day, and without the defendant being present. It was…