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PEOPLE v. HOWARD

48 A.D.3d 481 (2008)

852 N.Y.S.2d 182

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DALE HOWARD, Appellant.

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

Decided February 5, 2008.

Ordered that the judgment is affirmed.

The defendant was arrested pursuant to a "buy and bust" narcotics operation, wherein he sold narcotics to an undercover officer. At the time of his arrest, the defendant was in possession of a cigar that tested positive for marijuana. He was convicted of criminal sale of a controlled substance in the third degree and criminal possession of marijuana in the fifth degree. On appeal, the...

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