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PEOPLE v. DALE

117 A.D.2d 612 (1986)

The People of the State of New York, Respondent, v. Bryan Dale, Appellant

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

February 3, 1986

Judgment affirmed, and matter remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

Defendant asserts that a verdict of guilty of criminal possession of a controlled substance with intent to sell is repugnant to a verdict of not guilty of criminal sale of a controlled substance in the fifth degree, and that the guilty verdict was based on insufficient evidence. Inasmuch as these claims were not raised in the court of first...

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