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PEOPLE v. BLACKETTE

71 A.D.2d 1027 (1979)

The People of the State of New York, Respondent, v. Eugene Blackette, Appellant

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

September 28, 1979

Judgment reversed, on the law, and new trial ordered. No issues have been raised with regard to the sufficiency of the facts.

Defendant was charged in a two-count indictment with "acting in concert" in two separate sales of narcotics to an undercover officer on May 18, 1976 and June 2, 1976. At trial, after the defense had rested without presenting any proof, the court, on motion, dismissed the first count of the indictment...

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