PEOPLE v. ROTE


28 A.D.3d 868 (2006)

812 N.Y.S.2d 191

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALLEN E. ROTE, Appellant.

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

April 13, 2006.


Mugglin, J.

As a result of an undercover drug operation, defendant was accused of selling marihuana on three separate occasions. Although defendant never entered a formal plea to the indictment, a jury trial was held and he was found guilty of two counts of criminal sale of marihuana in the third degree and one count of criminal sale of marihuana in the fourth degree. Sentenced to concurrent prison terms of 1 to 3 years on the third degree sale convictions and one...

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