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PEOPLE v. CORPORAN

206 A.D.2d 203 (1994)

The People of the State of New York, Respondent, v. Juan Corporan, Also Known as Juan Corporam, Appellant

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

December 6, 1994

Attorney(s) appearing for the Case

Rona Feinberg of counsel (Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

Jerome H. Diamond for appellant.

ROSENBERGER, J. P., ROSS and RUBIN, JJ., concur with TOM, J.; NARDELLI, J., dissents in a separate opinion.

TOM, J.

The People move to reargue the decision and order of this Court, entered on June 7, 1994 (200 A.D.2d 155), which modified defendant's judgment of conviction. The People conceded that their police department chemist erred in her original lab report regarding the amount of cocaine sold by defendant. Pursuant to this error, defendant was indicted for selling 1 7/8 ounces...

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