People v. Ortiz

Sandler and Carro, JJ.,

dissent in a memorandum by Carro, J., as follows: A three-count indictment issued charging defendant with one count of criminal possession of a controlled substance in the first degree and two counts of criminally using drug paraphernalia. The charges stemmed from an alleged purchase of drugs made by one defendant, Valle, from another defendant, de Jes^sf Outside an apartment door at 1040 Fox Street in The Bronx. This crime pTSs allegedly observed by the arresting officers, who then forced their way into the apartment and there supposedly observed this defendant trying…