People v. Alvarez

Murphy, P. J., and Rosenberger, J.,

dissent in a memorandum by Rosenberger, J., as follows: I would reverse the judgment and remand the matter for a new trial.

The defendant put forth a mistaken identity defense, based upon inconsistencies in the descriptions provided by the officers, and emphasizing that the pre-recorded "buy” money was not recovered, although he was arrested almost immediately after the alleged sale.

On June 16, 1992, at approximately 11:10 a.m., the jury began deliberations. At about 9:20 p.m., they sent out a note stating that they could not agree and would like to be…