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PEOPLE v. PILGRIM

67 A.D.2d 554 (1979)

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

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

April 30, 1979

Attorney(s) appearing for the Case

Matthew Muraskin (Leslie P. Rudman and Michael J. Obus of counsel), for appellant.

Denis Dillon, District Attorney (Robert M. Nigro and William C. Donnino of counsel), for respondent.

RABIN and GULOTTA, JJ., concur with O'CONNOR, J. P.; SHAPIRO, J., dissents and votes to modify the judgment by reversing the conviction of criminal sale of a controlled substance in the first and second degrees, and the sentences imposed thereon, and dismissing the said counts, with an opinion.

O'CONNOR, J. P.

This is an appeal by the defendant from a judgment of the County Court, Nassau County, convicting him of one count each of criminal sale of a controlled substance in the first and second degrees and four counts of criminal sale of a controlled substance in the third degree, upon a jury verdict. The judgment should be affirmed.

By counts one and four of a Nassau County indictment, the defendant...

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