People v. Atkinson

Appeal from a judgment of the County Court of Tompkins County (Rowley, J.), rendered March 23, 2012, upon a verdict convicting defendant of the crimes of criminal possession of a controlled substance in the third degree (two counts) and criminal possession of a weapon in the fourth degree.

When this matter was previously before this Court, we decided several issues in favor of the People, but remitted for County Court to hold a hearing to determine whether to suppress the cocaine recovered from defendant’s mouth (111 AD3d 1061 [2013]). That hearing was limited to resolving factual issues…