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PEOPLE v. JOHNSON

6 A.D.2d 181 (1958)

The People of the State of New York, Respondent, v. Willis Johnson, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 3, 1958.

Attorney(s) appearing for the Case

William Rand, Jr., of counsel (Richard G. Denzer with him on the brief; Frank S. Hogan, District Attorney), for respondent.

N. T. Gilroy, Jr., of counsel (Florence M. Kelley, attorney), for appellant.

BOTEIN, P. J., and BREITEL, J., concur with BERGAN, J.; VALENTE, J., dissents and votes to affirm in opinion, in which RABIN, J., concurs.

BERGAN, J.

Defendant has been convicted of felonious possession of heroin, a narcotic drug, with intent to sell and has been sentenced to prison for 7½ to 15 years. The drug was not shown to have been physically in the possession of the defendant, but was concealed on the person of one Charline Woodall, a woman accompanying the defendant when the arrest was made...

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