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People v. Witherspoon

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


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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