People v. Gardner

Judgment unanimously reversed on the law and in the interest of justice and new trial granted. Memorandum: Defendant was convicted of criminal possession of a controlled substance in the third degree and two counts of criminally using drug paraphernalia in the second degree based, upon her constructive possession of cocaine and drug paraphernalia found in open view next to defendant when police executed a search warrant on the apartment of Joseph Wiley. Wiley, an admitted cocaine addict, pleaded guilty to a reduced charge and testified against defendant. He testified that he agreed to let…