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PEOPLE v. BARTLEY

60 A.D.2d 283 (1977)

The People of the State of New York, Respondent, v. Patricia Bartley, Appellant

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

December 27, 1977

Attorney(s) appearing for the Case

Rita Hayman for appellant.

Robert M. Pitler of counsel (Richard Hamburger with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

BIRNS, J., concurs with LUPIANO, J. P.; EVANS, J., concurs in an opinion; SILVERMAN, J., dissents in an opinion.

LUPIANO, J. P.

Defendant was indicted on September 20, 1973. The indictment contains six counts, the first three of which relate to a heroin sale occurring on August 21, 1973. The remaining counts (four through six) relate to a separate and distinct heroin sale occurring on September 5, 1973. CPL 220.10 (subd 6), effective September 1, 1973 (L 1973, ch 1051, § 16), states in pertinent part: "(a) Where the...

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