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PEOPLE v. EDWARDS

77 A.D.2d 786 (1980)

The People of the State of New York, Appellant, v. Dennis Edwards, Respondent

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

July 10, 1980

Order unanimously affirmed.

Memorandum:

The People have appealed from an order setting aside a jury verdict convicting defendant of criminal possession of a controlled substance in the third degree and conspiracy in the first degree. The trial court's action was based on its determination that the People had not established a prima facie case for either crime. We agree. Unlike the situation in People v Berkowitz (50 N.Y.2d 333

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