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PEOPLE v. FISHON

47 A.D.3d 591 (2008)

851 N.Y.S.2d 139

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD FISHON, Appellant.

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

Decided January 31, 2008.

At his first trial, defendant was charged with two drug sales, made to the same undercover officer but under different factual circumstances, about 30 minutes apart. Defendant asserted an agency defense with respect to both sales, and the jury convicted him of misdemeanor drug possession as to the second sale but failed to agree on a verdict as to the first. At a retrial, defendant was convicted of the first sale. At each of these...

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