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People v. Witherspoon

October 2, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DAVID A. WITHERSPOON, DEFENDANT-APPELLANT. (APPEAL NO. 2.)



Appeal from a judgment of the Livingston County Court (Joan S. Kohout, A.J.), rendered July 11, 2006. The judgment convicted defendant, upon a jury verdict, of criminal sale of a controlled substance in the fifth degree.

PRESENT: MARTOCHE, J.P., CENTRA, FAHEY, PERADOTTO, AND GREEN, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Same Memorandum as in People v Witherspoon ([appeal No. 1] ___ AD3d ___ [Oct. 2, 2009]).

20091002

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