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PEOPLE v. COLEMAN

2008-11178.

110 A.D.3d 76 (2013)

970 N.Y.S.2d 329

2013 NY Slip Op 5545

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL COLEMAN, Appellant.

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

Decided August 1, 2013.

Attorney(s) appearing for the Case

Jane M. Bloom , Monticello, for appellant.

James R. Farrell , District Attorney, Monticello ( Bonnie M. Mitzner of counsel), for respondent.

LAHTINEN and GARRY, JJ., concur with PETERS, P.J.; STEIN, J., dissents in a separate opinion.

OPINION OF THE COURT

PETERS, P.J.

Following a jury trial held in 2001, defendant was convicted of two counts of criminal sale of a controlled substance in the third degree and sentenced as a persistent felony offender to an aggregate prison term of 15 years to life (4 A.D.3d 677, 678 [2004], lvs denied 2 N.Y.3d 797 [2004], 3 N.Y.3d 672 [2004...

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