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PEOPLE v. DOUGLAS

205 A.D.2d 280 (1994)

The People of the State of New York, Respondent, v. Earl Douglas, Appellant

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

October 27, 1994

Attorney(s) appearing for the Case

Jonathan S. Rosenberg of counsel, New York City (Philip L. Weinstein, attorney), for appellant.

Ellen Sue Handman of counsel, New York City (Donald J. Siewert with her on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

RUBIN and WILLIAMS, JJ., concur with ROSS, J.; ROSENBERGER, J. P., and ELLERIN, J., dissent in a separate opinion by ROSENBERGER, J. P.

ROSS, J.

By an indictment filed March 5, 1992, defendant was charged with criminal possession of a controlled substance in the third degree in violation of Penal Law § 220.16 (possession of a narcotic drug with intent to sell same) and criminal possession of a controlled substance in the fifth degree in violation of Penal Law § 220.06 (5) (knowing and unlawful possession of 500 milligrams or more of...

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