PEOPLE v. CRUZ

2012-00255, Ind. No. 10074/11.

149 A.D.3d 774 (2017)

2017 NY Slip Op 02675

52 N.Y.S.3d 368

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CRUZ, Appellant.

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

Decided April 5, 2017.


Ordered that the judgment is modified, on the law, by vacating the convictions of criminal sale of a controlled substance in the third degree under count one of the indictment and criminal possession of a controlled substance in the seventh degree under count two of the indictment, vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.

The defendant was charged with two counts each of criminal...

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