People v. Hightower

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by remitting the case to Supreme Court, Bronx County, for further proceedings in accordance with the following memorandum and, as so modified, affirmed.

Defendant was arrested while allegedly acting as one of three team members selling crack cocaine. The complaint stated that the arresting officer observed defendant accept United States currency from a customer and then, with a codefendant, escort the purchaser to a third defendant who handed the purchaser a vial of crack cocaine. On appeal defendant’s…