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PEOPLE v. VALENTIN

NO. 2008-714 Q CR.

27 Misc.3d 19 (2010)

898 N.Y.S.2d 755

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ALFONSO VALENTIN, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided February 8, 2010.

Attorney(s) appearing for the Case

Richard A. Brown , District Attorney, Queens ( Edward D. Saslaw of counsel), for appellant.

Lynn W.L. Fahey and David P. Greenberg , for respondent.

PESCE and WESTON, JJ., concur; GOLIA, J.P., dissents in part and concurs in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the appeal from the order dated March 18, 2008 is dismissed as said order was superseded by the order dated April 2, 2008; and it is further ordered that the order dated April 2, 2008, insofar as appealed from, is affirmed.

In October 2007 the People charged defendant with criminal sale of marihuana in the fourth degree (Penal Law § 221.40) based...

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