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PEOPLE v. ZELAYA

232 A.D.2d 261 (1996)

648 N.Y.S.2d 93

The People of the State of New York, Appellant, v. Enrique Zelaya, Respondent

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

October 17, 1996

Pursuant to Penal Law § 220.44, it is a class B felony to sell drugs "upon school grounds," a term that encompasses not only school property itself but also "any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school" (Penal Law § 220.00 [14] [b]). Defendant was arrested for selling crack cocaine to an undercover officer in the vicinity of two schools...

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