People v. Norman Whitehead, Jr.

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AD3 order dated July 9, 2015, modifying judgment of conviction. Decision below: 130 AD3d 1142, 13 NYS3d 642. Pigott, J., granted leave November 24, 2015.
ISSUES PRESENTED: (1) Sufficiency of evidence of cocaine sale where the cocaine was unavailable for testing. (2) Duplicitous counts. (3) Prosecutorial misconduct during opening and summation. (4) Refusal to give a circumstantial evidence charge.