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PEOPLE v. LANE

93 A.D.2d 92 (1983)

The People of the State of New York, Appellant, v. Bernice Lane, Respondent

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

April 12, 1983

Attorney(s) appearing for the Case

Donald J. Siewert of counsel (Jeffrey D. Livingston with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

David Steinberg of counsel (Steiman & Steinberg, attorneys), for respondent.

MURPHY, P. J., and KUPFERMAN, J., concur with KASSAL, J.; SANDLER, J., concurs in an opinion; ASCH, J., concurs in both the opinion for the court and the concurring opinion of SANDLER, J.

Kassal, J.

Defendant and a codefendant, John Henry Simmons, were originally indicted on April 29, 1976, charged with criminal sale of a controlled substance in the first degree and related possession counts arising out of a sale of heroin to undercover narcotics officers on March 4, 1976.

At trial, when the codefendant testified and implicated the appellant, a severance was directed and a new trial ordered...

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