PEOPLE v. HAWKINS


69 A.D.2d 823 (1979)

The People of the State of New York, Respondent, v. Earl Hawkins, Appellant

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

April 2, 1979


Judgment affirmed.

The trial court instructed the jury that even if it was unable to find that the substance actually sold to the undercover police officer was, in fact, a controlled substance, it could still convict the defendant of sale of a controlled substance if it further found that he knowingly offered to sell a controlled substance and genuinely believed that the substance transferred was actually such. The latter theory of guilt set forth by the court was...

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