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PEOPLE v. GLOVER

83 A.D.2d 616 (1981)

The People of the State of New York, Respondent, v. James Glover, Appellant

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

July 20, 1981

Judgment affirmed.

No opinion.

Hopkins, J. P., and Gibbons, J., dissent and vote to reverse the judgment and order a new trial, with the following memorandum:

In our view, the trial court committed reversible error by refusing to charge criminal facilitation as a lesser included offense of the sale count (see Penal Law, § 115.05). Criminal facilitation in the second degree is a lesser included offense...

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