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PEOPLE v. WATSON

No. 199.

20 N.Y.3d 182 (2012)

981 N.E.2d 265

957 N.Y.S.2d 669

2012 NY Slip Op 8169

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE WATSON, Appellant.

Court of Appeals of New York.

decided November 29, 2012.

Attorney(s) appearing for the Case

Steven Banks, Legal Aid Society, Criminal Appeals Bureau, New York City ( Natalie Rea of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Sharon Y. Brodt and John M. Castellano of counsel), for respondent.

Judges CIPARICK, READ, SMITH and PIGOTT concur with Judge GRAFFEO; Chief Judge LIPPMAN dissents and votes to reverse in an opinion.

OPINION OF THE COURT

GRAFFEO, J.

Defendant Tyrone Watson took an undercover police officer to meet a drug dealer, handled the cocaine transaction for the officer and then gave him the drugs. For these acts, defendant was charged with selling cocaine, facilitating the sale and possessing narcotics. At trial, defendant claimed that he was not guilty of the sale or facilitation counts because he was acting as the...

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