People v. Sarmiento

Carro and Milonas, JJ.,

dissent in a memorandum by Carro, J., as follows: Because the People failed to demonstrate that the vials admitted into evidence at trial were, in fact, the same vials received by the undercover officer from defendant *330in the course of a buy-and-bust operation, the vials and controlled substance contained therein, i.e., cocaine, were inadmissible. As a result, the conviction herein appealed from is predicated upon evidence insufficient to establish every element of the offense charged. Accordingly, because I would reverse the conviction and dismiss the charge, I dissent.

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