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PEOPLE v. LESIUK

81 N.Y.2d 485 (1993)

617 N.E.2d 1047

600 N.Y.S.2d 931

The People of the State of New York, Respondent, v. Vasil Lesiuk, Appellant.

Court of Appeals of the State of New York.

Decided July 8, 1993.

Attorney(s) appearing for the Case

D.J. & J.A. Cirando, Syracuse (John A. Cirando, Patrick J. Haber and Ivette C. Iza of counsel), for appellant.

George M. Dentes, District Attorney of Tompkins County, Ithaca, for respondent.

Chief Judge KAYE and Judges TITONE and BELLACOSA concur with Judge SMITH; Judge HANCOCK, JR., dissents and votes to reverse in another opinion in which Judge SIMONS concurs.

SMITH, J.

On March 10, 1989, defendant was convicted, after a jury trial, of criminal sale of marihuana in the second degree. On June 7, 1989, following a probation violation hearing, County Court revoked defendant's sentence of probation for a previous drug-related conviction, and imposed a sentence of imprisonment. On appeal from both judgments, the Appellate Division withheld decision and remitted the matter...

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