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PEOPLE v. BENTON

115 A.D.2d 170 (1985)

The People of the State of New York, Respondent, v. Gilberto Benton, Appellant

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

November 27, 1985

Main, J.

Defendant contends that his judgment of conviction should be reversed and the indictment against him dismissed because the actual currency that passed from a police informant to defendant in exchange for a quantity of cocaine was not preserved for trial. This argument lacks merit. We note first that a defendant can be found guilty of criminal sale of a controlled substance even where no money has been...

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