PEOPLE v. MALLARD

14005, 3754N/10

126 A.D.3d 454 (2015)

5 N.Y.S.3d 388

2015 NY Slip Op 01882

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEVAN MALLARD, Appellant.

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

Decided March 10, 2015.


Judgment, Supreme Court, New York County (Edward J. McLaughlin, J., at Hinton hearing; Lewis Bart Stone, J., at nonjury trial and sentencing), rendered July 21, 2011, as amended August 11, 2011, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of four years, affirmed.

Although the court improperly permitted the People to rebut an agency defense that defendant...

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