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PEOPLE v. SIMPSON

85 A.D.2d 306 (1982)

The People of the State of New York, Appellant, v. Janet Simpson, Also Known as Lynn, Respondent

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

March 18, 1982

Attorney(s) appearing for the Case

Susan Stern of counsel (Mark Dwyer with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Benjamin Brafman for respondent.

CARRO, J. P., SILVERMAN, BLOOM and MILONAS, JJ., concur.

FEIN, J.

Based upon a careful and thoughtful opinion, the Trial Justice granted defendant's motion to set aside the jury's verdict which had convicted defendant of criminal sale of a controlled substance in the second degree (Penal Law, § 220.41, subd 1) and criminal sale of a controlled substance in the third degree (Penal Law, § 220.39).

The Trial Justice concluded that the refusal to charge...

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