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PEOPLE v. CLARK

135 Misc.2d 22 (1987)

The People of the State of New York, Respondent, v. Alfred Clark, Appellant.

Supreme Court, Appellate Term, First Department.

March 11, 1987

Attorney(s) appearing for the Case

Caesar D. Cirigliano, Russell Neufeld and Christopher Guardo for appellant. Robert M. Morgenthau, District Attorney (Norman Barclay and Barbara A. Sheehan of counsel), for respondent.

HUGHES, P. J., SANDIFER and OSTRAU, JJ., concur.

Per Curiam.

Judgment of conviction rendered April 25, 1985 is reversed, on the law, and the defendant's motion to dismiss the loitering charge is granted and the matter is remitted to the Criminal Court for further proceedings upon the charge of possession of a controlled substance in the seventh degree (Penal Law § 220.03).

Defendant was arrested on charges, as set forth in the accusatory instrument, that...

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