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PEOPLE v. JONES

73 N.Y.2d 427 (1989)

The People of the State of New York, Appellant, v. Melvin Jones, Respondent.

Court of Appeals of the State of New York.

Decided May 9, 1989.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Ralph Fabrizio and Norman Barclay of counsel), for appellant.

Beverly Van Ness and Philip L. Weinstein for respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER and TITONE concur with Judge BELLACOSA; Judge SIMONS concurs in result in a separate opinion in which Judge HANCOCK, JR., concurs.

BELLACOSA, J.

The People appeal from an order of the Appellate Division reversing a conviction after jury trial for criminal sale of a controlled substance in the fifth degree and dismissing the indictment. The decisional ground was insufficiency of the proof that the 10 sold Darvocet tablets were a criminally forbidden controlled substance. We agree with the Appellate...

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