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PEOPLE v. IVORY

101094.

2008 NY Slip Op 06229

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL IVORY, Appellant.

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

Decided and Entered: July 10, 2008.

Attorney(s) appearing for the Case

Tracy D. Chieco, Albany, for appellant.

Stephen F. Lungen, District Attorney, Monticello (Bonnie M. Mitzner of counsel), for respondent.

Before: Mercure, J.P., Spain, Rose, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

KAVANAGH, J.

In March 2005, defendant was indicted on three counts of criminal sale of a controlled substance in the third degree and two counts of criminal sale of a controlled substance in the second degree based upon his sale of cocaine to an undercover police officer during a three-month period ending in December 2004. Defendant subsequently pleaded guilty to two counts of criminal sale of a controlled substance in the second degree...

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