People v. Livingston

OPINION OF THE COURT

Charles A. Kuffner, J.

Under indictment No. 353/86, the defendants are charged with various sections of Penal Law article 220 regarding the sale and possession of controlled substances.

At issue in these motions before the court are counts six and seven, which charge all defendants with criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09) and in the third degree (Penal Law § 220.16), respectively. They are charged with possession of cocaine located and found in the refrigerator at 141 Parkhill Avenue, apartment No. 3k, wherein all the…