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PEOPLE v. OVALLE

162 A.D.2d 156 (1990)

The People of the State of New York, Respondent, v. Roberto Ovalle, Appellant

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

June 7, 1990

Defendant's conviction arose from his sale of narcotics to undercover officers on two separate occasions. Defendant was first tried and convicted on the second sale. Subsequently, defendant pleaded guilty to cover the indictment arising from the first sale and, on the same day, he was sentenced for both convictions.

On appeal, defendant argues that the prosecutor, at trial, impermissibly shifted the burden of proof in his...

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