Legal Opinion · Dissent

People v. Hines

New York Court of Appeals

Decided October 23, 2001Published

1DissentSmith, J.

Because I believe that the evidence is insufficient to convict the defendant and that the People did not prove defendant’s guilt beyond a reasonable doubt, I dissent.

Defendant was found guilty of criminal possession of a con*63trolled substance in the first degree (Penal Law § 220.21 [1]). He was acquitted of two other counts in the indictment charging him with criminal possession of a controlled substance in the third degree (Penal Law § 220.16) and criminally using drug paraphernalia in the second degree (Penal Law § 220.50 [3]).

The evidence was that the defendant leased an apartment in a…

2Cases cited6 opinions

  1. People v. GrayNew York Court of Appeals · 1995
  2. People v. ManiniNew York Court of Appeals · 1992
  3. People v. CarterNew York Court of Appeals · 1984
  4. People v. ReedNew York Court of Appeals · 1976
  5. People v. KirkpatrickNew York Court of Appeals · 1973

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