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PEOPLE v. HAWKINS

84 Misc.2d 201 (1975)

The People of the State of New York, Plaintiff, v. Earl Hawkins, Defendant.

Supreme Court, Criminal Term, Kings County.

November 10, 1975

Attorney(s) appearing for the Case

Albert J. Krieger and Joseph Beeler for defendant. Eugene Gold, District Attorney (Helman R. Brook and Richard C. Laskey of counsel), for plaintiff.

JOSEPH JASPAN, J.

The defendant, relying on Mullaney v Wilbur (421 U.S. 684), moves, before sentence, to set aside his conviction for criminal sale of a controlled substance in the first degree, a class A-1 felony, and criminal sale of a controlled substance in the third degree, a class A-3 felony.

During the course of the trial, the defendant attempted to prove...

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