Introducing ATLASLearn more
Legal Opinion

People v. Mizell

New York Court of Appeals

Decided December 15, 1988PublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

Can an unusable cocaine "residue” found on the sides of vials in defendant’s possession support a charge of criminal possession of a controlled substance in the seventh degree? Concluding that it can, we reverse Appellate Term’s dismissal order and grant the People’s request to reinstate the misdemeanor complaint.

Defendant, allegedly using a metal pipe to damage the door lock of a Staten Island apartment, was arrested for criminal mischief in the fourth degree. In the course of the arrest, two vials were recovered from his possession. The police department…

2Cases cited11 opinions

  1. Robinson v. CaliforniaSupreme Court of the United States · 1962
  2. People v. BroadieNew York Court of Appeals · 1975
  3. People v. DumasNew York Court of Appeals · 1986
  4. People v. ReismanNew York Court of Appeals · 1971
  5. People v. HarringtonMichigan Supreme Court · 1976

6 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. People v. RyanNew York Court of Appeals · 1993
  2. People v. SanchezNew York Court of Appeals · 1995
  3. People v. LamontAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. OrtaAppellate Division of the Supreme Court of the State of New York · 1992
  5. Thomas v. United StatesDistrict of Columbia Court of Appeals · 1994

32 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API