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PEOPLE v. TIMMONS

127 A.D.2d 806 (1987)

The People of the State of New York, Appellant, v. Michael Timmons, Respondent

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

February 17, 1987

Ordered that the order is reversed insofar as appealed from, the first count of the indictment is reinstated and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

The defendant possessed a total quantity of cocaine weighing 3/8 ounce, plus 44 grains. The cocaine was of two types, powder and hard powder, and packaged in 119 individual bags, each with cocaine present....

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