People v. Waver

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and a new trial ordered.

Defendant allegedly sold cocaine to an undercover officer during a buy-and-bust operation. The operation involved one undercover officer who purchased the drugs from defendant, as well as two other undercover officers who functioned as ghosts (i.e., they watched the transaction secretly to ensure the buying officer’s safety). Following arrest, indictment and denial of suppression, defendant waived a jury trial, choosing to be tried by the court.

The People called the undercover buyer…