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PEOPLE v. ROBBINS

5 N.Y.3d 556 (2005)

840 N.E.2d 1020

807 N.Y.S.2d 7

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES ROBBINS, Appellant.

Court of Appeals of the State of New York.

Decided November 22, 2005.

Attorney(s) appearing for the Case

Sheila Fernandez, New York City, Laura R. Johnson and Martin M. Lucente for appellant.

Robert M. Morgenthau, District Attorney, New York City (Deborah L. Morse and Gina Mignola of counsel), for respondent.

Before: Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Chief Judge KAYE.

It is a class B felony to sell drugs within 1,000 feet of a school. Because we agree with the courts below that this distance is to be measured in a straight line between the nearest school and the point of sale, we uphold defendant's conviction.

Penal Law § 220.44 (2) proscribes the third-degree criminal sale of a controlled substance "when such sale takes place upon school grounds." School grounds, in...

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