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Christopher Dailey, then the principal of Batavia High School, remembers the first time school officials came across a student with a lip balm-like container of K2.

"He handed it over to me and said, 'It's OK, it's legal,' " Daily recalled. "I turned it over and read the back label

The assessment of Assistant District Attorney Will Zickl is that Carlos Torres is "committed to the commerce of illegal drugs," and today Judge Robert C. Noonan said he agrees.

Noonan noted that the probation report listed the names of six children Torres is responsible for, but in what the judge