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PEOPLE v. DIAZ

54 A.D.2d 639 (1976)

The People of the State of New York, Respondent, v. Ramon Diaz, Appellant

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

October 14, 1976

Unanimously modified, on the law, to reverse the conviction of criminal sale of a controlled substance in the third degree, and remanding that count for a new trial, and otherwise affirmed as to conviction for criminal possession of a controlled substance in the seventh degree and criminal possession of a hypodermic instrument.

The defense as to the charge of criminal sale of a controlled substance was agency. (See People v Garcia, 50 A.D.2d...

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