PEOPLE v. JENNER


36 A.D.2d 663 (1971)

The People of the State of New York, Respondent, v. Henry Jenner, Appellant

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

February 11, 1971


The indictment alleged that appellant did "on or about October 11 or 17, 1969, with intent that conduct constituting a Class B Felony, to wit, criminally selling a dangerous drug in the second degree, be performed, agree with one or more persons to engage in or cause the performance of such conduct." The evidence disclosed that on October 18, 1969, two of the alleged infant coconspirators inquired of appellant as to whether or not he had any marijuana. Since appellant had...

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