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People v. Carrion

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 30, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JOSE CARRION, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (John Cataldo, J. at plea; Michael R. Ambrecht, J. at sentence), rendered November 3, 2006, convicting defendant of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously reversed, as a matter of discretion in the interest of justice, and the indictment dismissed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Saxe, Catterson, DeGrasse, Abdus-Salaam, JJ.

5737/99

Under the unique circumstances of this case, we dismiss the indictment in the interest of justice.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090630

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