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PEOPLE v. WHEELER

220 A.D.2d 288 (1995)

632 N.Y.S.2d 133

The People of the State of New York, Respondent, v. Mike Wheeler, Appellant

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

October 17, 1995

The statutory definition of sale of a controlled substance includes the "sell[ing], exchang[ing], giv[ing] or dispos[ing] of [it] to another" (Penal Law § 220.00 [1]; emphasis added). Clearly, the Legislature did not intend to include "buyer" in the definition of "seller" (see, People v Andujas, 79 N.Y.2d 113, 117; People v Lam Lek Chong, 45 N.Y.2d 64, 72-73, cert denied...

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