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PEOPLE v. MORE

97 N.Y.2d 209 (2002)

764 N.E.2d 967

738 N.Y.S.2d 667

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC MORE, Also Known as BRIAN SMITH, Appellant.

Court of Appeals of the State of New York.

Decided February 19, 2002.

Attorney(s) appearing for the Case

Sandra J. McCarthy, Wynantskill, for appellant.

Kenneth R. Bruno, District Attorney of Rensselaer County, Troy (Bruce E. Knoll of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

LEVINE, J.

Defendant was convicted of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]), criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]), resisting arrest (Penal Law § 205.30) and false personation (Penal Law § 190.23). The drug possession counts related to 2.37 grams of crack cocaine...

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