People v. Griffin

Green, J.P., and Scudder, J. (dissenting in part).

We respectfully dissent in part. We agree with the majority that the judgment should be modified by reversing those parts convicting defendant of criminal possession of a controlled substance in the first and third degrees, but our reasoning differs, and we do not *845agree that we should grant a new trial on those counts. In our view, Supreme Court erred in granting the People’s motion to amend the bill of particulars to allege that defendant constructively possessed the cocaine seized from the vehicle in which he was a passenger. The bill of…