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PEOPLE v. RODRIGUEZ

184 A.D.2d 795 (1992)

The People of the State of New York, Respondent, v. Miguel Rodriguez, Appellant

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

June 29, 1992

Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

On their direct case, the People were permitted to introduce evidence concerning the defendant's prior drug sale conviction. The court admitted this evidence on the theory that it was relevant to the defendant's intent to sell. However, since the defendant's intent was clearly inferable from...

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