People v. Cohen

The police arrested defendant after observing cocaine paraphernalia resting near him on the center console of a vehicle in which he was a passenger. At the police station, defendant unsuccessfully attempted to discard a small plastic bag containing a large rock of crack cocaine. The prosecutor charged defendant with possession of both the cocaine residue coating the drug paraphernalia and the later-discovered rock cocaine. At the preliminary examination, the district court dismissed the residue-related charge, finding insufficient evidence linking defendant to the paraphernalia. In light of…