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PEOPLE v. SUTTON

2016-08675. Ind. No. 854-15.

167 A.D.3d 947 (2018)

90 N.Y.S.3d 109

2018 NY Slip Op 08698

The People of the State of New York, Respondent, v. Charles E. Sutton, Appellant.

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

Decided December 19, 2018.

Ordered that the judgment is modified, on the law, by vacating the conviction of criminal possession of a controlled substance in the seventh degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant was apprehended after a police officer witnessed him engage in what appeared to the officer to be a drug deal. As police officers were arresting the defendant, they

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