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PEOPLE v. TARVER

292 A.D.2d 110 (2002)

741 N.Y.S.2d 130

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELICIA TARVER, Appellant.

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

April 11, 2002.

Attorney(s) appearing for the Case

Eugene P. Devine, Public Defender, Albany (Gloria Herron Arthur of counsel), for appellant.

Paul A. Clyne, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.

CARDONA, P.J., PETERS, ROSE and LAHTINEN, JJ., concur.

OPINION OF THE COURT

SPAIN, J.

Following a jury trial, defendant was convicted as charged of two counts of criminal possession of a controlled substance in the third degree for knowingly and unlawfully possessing one-half ounce or more of cocaine, with intent to sell it (Penal Law § 220.16 [1], [12]). During an investigation by the City of Albany Police Department and the Federal Bureau of Investigation (hereinafter FBI), three controlled buys of crack...

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