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PEOPLE v. SAMUELS

231 A.D.2d 424 (1996)

647 N.Y.S.2d 78

The People of the State of New York, Respondent, v. Ronnie Samuels, Appellant

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

September 17, 1996

As in People v Rexach (220 A.D.2d 362, lv denied 87 N.Y.2d 924), we reject defendant's claim that he was improperly adjudicated a second felony offender on the basis of his prior North Carolina narcotics conviction under a statute which, unlike its New York "sale" counterparts, does not appear to be subject to the defense of agency. In any event, the "definitions" statute (NC Gen Stat § 90-87 [2], [7]), cited by defendant...

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