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PEOPLE v. SMALLS

201 A.D.2d 333 (1994)

607 N.Y.S.2d 318

The People of the State of New York, Respondent, v. Sylvester Smalls, Appellant

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

February 10, 1994

Defendant's guilt was established beyond a reasonable doubt. Five to six minutes after an undercover officer made a purchase through a hole in an apartment door, the backup team found defendant alone in the apartment, with prerecorded money in his pocket (a fact for which defendant gave an incredible explanation at trial), and with drugs in the process of being flushed down the toilet. Moreover, the undercover officer had seen...

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