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Fourth Department grants new trial in drug case

Jury should have heard circumstantial evidence instruction

The Appellate Division of state Supreme Court has granted a new trial in a drug case because the judge refused to give the jury a circumstantial evidence instruction. Samuel Ayala, 43, was convicted in November 2014 of third-degree criminal possession of a controlled substance and three counts of second-degree criminally using drug paraphernalia. Monroe County Court Judge ...

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