PEOPLE v. RHODES


62 A.D.3d 815 (2009)

878 N.Y.S.2d 773

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHELLE RHODES, Appellant.

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

Decided May 12, 2009.


Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the County Court, Nassau County, for further proceedings on the indictment.

The defendant allegedly participated in a drug sale in Hempstead on March 7, 2007, and she was arrested later that month. The felony complaint, and the laboratory report, indicated that the weight of the drugs was one two hundredth (0.005) of an ounce. Subsequently, the defendant was charged...

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