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PEOPLE v. COLON

86 N.Y.2d 861 (1995)

658 N.E.2d 1038

635 N.Y.S.2d 165

The People of the State of New York, Appellant, v. Gladys Colon, Respondent.

Court of Appeals of the State of New York.

Decided October 26, 1995.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Dafna Yoran and Alan Gadlin of counsel), for appellant.

Adrienne Hale, New York City, and Daniel L. Greenberg for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Based on charges that she sold methadone to an undercover police officer, defendant was indicted for fourth degree criminal sale of a controlled substance and fifth degree criminal possession of a controlled substance. Defendant moved to dismiss the indictment in the interest of justice pursuant to CPL 210.40 (1). In support of this motion, the 39...

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