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PEOPLE v. GONELL

7 Misc.3d 438 (2005)

789 N.Y.S.2d 675

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. BRENNY GONELL, Defendant.

Criminal Court of the City of New York, New York County.

February 9, 2005.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Julie A. Sender of counsel), for defendant.

Robert M. Morgenthau, District Attorney, New York City (Brian P. Weinberg of counsel), for plaintiff.

OPINION OF THE COURT

DEBORAH KAPLAN, J.

The defendant stands charged with criminal sale of marijuana in the fourth degree (Penal Law § 221.40) and a violation of Public Health Law § 3383 (2), which prohibits the sale of "imitation controlled substances." The information alleges that at about 4:10 p.m. on November 2, 2004, near the intersection of 140th Street and Broadway in Manhattan, an undercover police officer observed the defendant speaking...

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