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PEOPLE v. FLING

105453

112 A.D.3d 1001 (2013)

975 N.Y.S.2d 923

2013 NY Slip Op 8156

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN H. FLING, JR., Appellant.

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

Decided December 5, 2013.

Lahtinen, J.

Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered June 22, 2012, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the second degree.

Defendant waived indictment and agreed to be prosecuted by a superior court information charging him with criminal possession of a controlled substance in the second degree. In conjunction

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