People v. Garcia
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
by the defendant from a judgment of the Supreme Court, Queens County (Pi-taro, J.), rendered January 17, 1985, convicting him of criminal possession of a controlled substance in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the case is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
The only evidence tending to connect the defendant to the cocaine was his mere presence in an apartment in which the substance was found in…
2Cases cited4 opinions
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1984
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1987
- People v. ReyesAppellate Division of the Supreme Court of the State of New York · 1987
- People v. SanabriaAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by5 opinions
- People v. HarveyAppellate Division of the Supreme Court of the State of New York · 1990
- People v. WebbAppellate Division of the Supreme Court of the State of New York · 1992
- People v. WebbAppellate Division of the Supreme Court of the State of New York · 1992
- People v. WebbAppellate Division of the Supreme Court of the State of New York · 1992
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1997