Judgment entered December 13, 1968 convicting defendant of possessing narcotics with intent to sell (former Penal Law, § 1751, subd. 2) and sentencing him to a term of 7 to 10 years, reversed, on the law, and a new trial directed.
The issue was whether the defendant had constructive possession of a bag containing two ounces of heroin discovered in the search of an apartment. Following the charge and further instruction by the court pursuant to the jury's request...
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