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PEOPLE v. BROWN

99 N.Y.2d 488 (2003)

788 N.E.2d 1030

758 N.Y.S.2d 602

THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. ANDREW BROWN, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided April 1, 2003.

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P.C., Albany (David J. Wukitsch of counsel), for appellant-respondent.

Robert M. Morgenthau, District Attorney, New York City (Susan Gliner, Mark Dwyer and Deborah L. Morse of counsel), for respondent-appellant.

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

OPINION OF THE COURT

READ, J.

Following an undercover investigation of an illegal gun selling ring, defendant was charged with and a jury convicted him of various crimes, including one count each of criminal sale of a firearm in the first degree (Penal Law § 265.13) and criminal sale of a firearm in the second degree (Penal Law § 265.12).1 Defendant then moved pursuant...

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