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PEOPLE v. CHANCE

37 A.D.2d 572 (1971)

The People of the State of New York, Respondent, v. Loretta Chance, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 1, 1971

Judgment reversed, on the law, and new trial ordered. The findings of fact below have been affirmed.

The prosecutor's references in his opening statement, during the trial and in his summation to defendant's selling of narcotics and engaging in the narcotics business, when the crime charged was possession, substantially prejudiced defendant. This requires reversal (People v. Smith, 26 N.Y.2d 913

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