PEOPLE v. DEL VALLE


91 A.D.2d 513 (1982)

The People of the State of New York, Respondent, v. Rafael Del Valle, Appellant

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

December 7, 1982


Defendant was indicted in a three-count indictment which charged him with acting in concert in the criminal sale of a controlled substance in the second degree and criminal possession of a controlled substance in the third and fifth degrees. In the court's charge to the jury, it withdrew from their consideration the two possession counts. Defendant was found guilty of the sale count. Through some inadvertence, defendant, at the time of sentencing, was sentenced to concurrent...

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