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PEOPLE v. NEALON

36 A.D.3d 1076 (2007)

827 N.Y.S.2d 359

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN NEALON, Appellant.

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

Decided January 18, 2007.

Spain, J.

Defendant was convicted, following a jury trial, of criminal sale of a controlled substance in the third degree. The trial testimony established that on the evening of July 28, 2004, an undercover police detective from the City of Troy, Rensselaer County—accompanied by a confidential informant (hereinafter CI)—drove an unmarked vehicle in downtown Troy, intending to buy "illegal narcotics from street...

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