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PEOPLE v. KISER

63 A.D.2d 707 (1978)

The People of the State of New York, Respondent, v. John Kiser, Appellant

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

May 15, 1978

Judgment modified, on the law and the facts, by reversing the conviction for criminal sale of a controlled substance in the second degree, and the sentence imposed thereon, and the counts of the indictment relating to the events of November 2, 1973 are dismissed. As so modified, judgment affirmed.

Defendant sold 50 glassine envelopes containing heroin to an undercover officer on July 30, 1973 at 2075 Rockaway Parkway in Kings

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