People v. Breshnian

OPINION OF THE COURT

William D. Friedmann, J.

Dismissal of an indictment, charging various drug related offenses against 10 defendants, is sought on grounds that the Grand Jury should have been instructed that the "Social Club” premises wherein a search warrant was executed, narcotics seized and defendants arrested was a "Public Place”. Such instruction, it is contended, would have negated the rebuttable presumption of knowing possession of narcotics *1101(under certain circumstances) in a nonpublic room, as that term is incorporated in Penal Law §220.25 (2). The precise relevant language of that…