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PEOPLE v. WHITE

249 A.D.2d 173 (1998)

673 N.Y.S.2d 65

The People of the State of New York, Respondent, v. Karl White, Appellant. The People of the State of New York, Respondent, v. Darrin Nelson, Appellant

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

April 23, 1998

Contrary to defendants' arguments, we find nothing in the court's main or supplemental charges on the definition of "sale" of drugs and accessorial liability that could be read as constructively amending the indictment or misleading the jury with respect to the nature of the accusations against defendants. There is no reasonable possibility that the jury misunderstood these instructions as authorizing a conviction based on the transfer...

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