People v. Olivera

OPINION OF THE COURT

Kavanagh, J.

Defendant is entitled to a new trial because the trial court erred by denying his request to charge the jury on the lesser included offense of criminal possession of a controlled substance in the seventh degree.

On March 31, 2004, the New York City Police Department assigned a field team of 10 to 12 police officers to conduct a buy/ bust drug operation in the vicinity of Lexington Avenue and 110th Street. A police officer working undercover wore a transmitter and was in radio contact with members of the field team throughout the operation. According to the…