People v. Attiya

OPINION OF THE COURT

Bernard Fuchs, J.

Defendant has been convicted by a jury of criminal possession of a controlled substance in the second and third degrees. He moves, under CPL 330.30, to set aside the verdict on the ground that the trial was unfair due to prosecutorial misconduct.

The evidence at trial revealed that at 11:30 p.m. on November 12,1983 police responded to a call for help on Ocean Parkway at Ditmas. There they encountered defendant clad in damp pajamas. He said, “Help me”, and then threw a bag toward the police which they picked up. Defendant was agitated and incoherent but…