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JONES v. STINSON

Docket No. 00-2245.

229 F.3d 112 (2000)

Charles JONES, Petitioner-Appellee, v. James STINSON, Superintendent Great Meadow Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit, August Term, 1999.

Decided: October 5, 2000.

As Amended November 16, 2000.

Attorney(s) appearing for the Case

Thomas S. Berkman, Assistant District Attorney, Queens County, (Richard A. Brown, District Attorney, Queens County, Gary Fidel, Assistant District Attorney, of counsel), Kew Gardens, New York, for Respondent-Appellant.

Georgia J. Hinde, New York, New York, for Petitioner-Appellee.

Before: CALABRESI, CABRANES, and POOLER, Circuit Judges.

POOLER, Circuit Judge:

INTRODUCTION

Charles Jones was a crack addict who sometimes engaged in the dangerous practice of selling "beat"1 to feed his addiction. On March 21, 1994, he was arrested for selling three vials which, combined, contained one grain of cocaine and was charged with the knowing and unlawful sale of a controlled substance in violation of New York Penal Law § 220.39. At trial, Jones testified he intended...

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