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PEOPLE v. JUNCO

43 A.D.2d 266 (1974)

The People of the State of New York, Respondent, v. Gilberto Miguel Junco, Appellant

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

January 8, 1974.

Attorney(s) appearing for the Case

Horace P. Rowley, III, for appellant.

T. James Bryan of counsel (Michael R. Juviler with him on the brief; Frank S. Hogan, District Attorney), for respondent.

McGIVERN, P. J., STEUER and TILZER, JJ., concur in Per Curiam opinion; NUNEZ, J., dissents in an opinion in which MURPHY, J., concurs.

Per Curiam.

James Walls and Gilbert O. Miguel Junco were convicted after trial (McQUILLAN, J., and a jury) of criminally selling a dangerous drug in the first degree (Penal Law, § 220.44, repealed by L. 1973, ch. 276, § 18), a Class A felony, and related lesser crimes. The conviction grew out of the sale of 2 kilos of opium base, one eighth of a kilo of heroin and one half of a kilo of cocaine to undercover...

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