People v. Davis

Carro, J. (dissenting).

In the interest of promoting the fair administration of our system of justice, I would exercise our discretion under CPL 470.15 (subd 3, par [c]) to reverse this conviction. (Cf. People v Dowdell, 88 AD2d 239 [per Ross, J.]; People v Cancel, 61 AD2d 497 [per Sandler, J.].) 11 Once again we are confronted with excessive prosecutorial zeal in what should have been a simple, straightforward drug possession case. As in Dowdell and Cancel, the evidence of guilt was very strong. A police officer with the Special Narcotics Unit first observed, for some time, defendant standing…