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PEOPLE v. ESCOTO

283 A.D.2d 962 (2001)

725 N.Y.S.2d 771

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NELSON ESCOTO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided May 2, 2001.

Judgment unanimously reversed on the law and new trial granted on counts one, two and three of the indictment.

Memorandum:

Contrary to the contention of defendant, the verdict convicting him of criminal possession of a controlled substance in the first degree (Penal Law § 220.21 [1]), conspiracy in the second degree (Penal Law § 105.15), and criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) is not against...

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