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PEOPLE v. MORGAN

156 Misc.2d 834 (1993)

594 N.Y.S.2d 596

The People of the State of New York, Plaintiff, v. James Morgan, Defendant.

Supreme Court, New York County.

January 22, 1993

Attorney(s) appearing for the Case

Samuel Littman, New York City, for defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (Robert H. Silbering and Susan Fiore of counsel), for plaintiff.

HAROLD BEELER, J.

This felony narcotics prosecution, involving the street sale of some two vials of crack cocaine, raises important questions concerning this court's long-standing practice of requiring the People to produce a "positive" laboratory analysis, prior to sentence, in drug cases where a defendant has waived prosecution by indictment and pleaded guilty to a superior court information.

Defendant...

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