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PEOPLE v. WALLACE

KA 10-01441.

87 A.D.3d 824 (2011)

928 N.Y.S.2d 802

2011 NY Slip Op 6310

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL WALLACE, Appellant.

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

Decided August 19, 2011.

It is hereby ordered that the order so appealed from is unanimously reversed on the law and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following Memorandum: On April 2, 1993 defendant was convicted upon a jury verdict of, inter alia, criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and criminal sale of a controlled substance in the third degree (§ 220.39 [1]). He...

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