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PEOPLE v. GAY

No. 98CA1517.

24 P.3d 624 (2000)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James GAY, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing April 20, 2000.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, John J. Fuerst, III, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Anne Stockham, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge NEY.

Defendant, James Gay, appeals the judgment of conviction entered upon a jury verdict finding him guilty of unlawful distribution of a controlled substance (crack cocaine). We reverse and remand for a new trial.

A police officer stopped the car in which defendant was riding as a passenger because the car did not have operational brake lights.

The...

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