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PEOPLE v. STARLING

85 N.Y.2d 509 (1995)

650 N.E.2d 387

626 N.Y.S.2d 729

The People of the State of New York, Respondent, v. Jerry Starling, Appellant.

Court of Appeals of the State of New York.

Decided April 27, 1995.

Attorney(s) appearing for the Case

Brian S. Drier, Hempstead, Matthew Muraskin, Kent V. Moston and Robert M. Bornstein for appellant.

Denis Dillon, District Attorney of Nassau County, Mineola (Margaret E. Mainusch and Peter A. Weinstein of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

TITONE, J.

This appeal presents the question whether, without evidence of an accompanying transfer of money or other consideration, a "handoff" of narcotics between two individuals to avoid police detection constitutes a "sale" within the meaning of Penal Law § 220.00 (1). Relying on the broad language of the definition of "sell" contained in Penal Law § 220.00 (1), we hold that it does, and affirm...

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