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PEOPLE v. WILKINSON

2008-02617

71 A.D.3d 249 (2010)

892 N.Y.S.2d 535

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FREDERICK WILKINSON, Respondent.

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

Decided January 19, 2010.

Attorney(s) appearing for the Case

Michael A. Gajdos , Patchogue, for appellant.

Thomas J. Spota , District Attorney, Riverhead ( Grazia DiVincenzo of counsel), for respondent.

FLORIO, COVELLO and DICKERSON, JJ., concur.

OPINION OF THE COURT

FISHER, J.P.

The issue presented on this appeal is whether the admission of evidence that the defendant, a 65-year-old owner of a taxi service on trial for a single sale of cocaine, sold drugs to the same buyer on several prior occasions was error requiring a new trial. We hold that it was.

On April 20, 2007, at a bar in Westhampton Beach in Suffolk County, an undercover police officer allegedly saw the defendant

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