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PEOPLE v. HARRIS

47 A.D.2d 385 (1975)

The People of the State of New York, Respondent, v. Daniel D. Harris, Also Known as Lanny O. Harris, Appellant

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

April 17, 1975

Attorney(s) appearing for the Case

Victor A. Rippo (Leonard G. Tilney, Jr., of counsel), for appellant.

Aldo L. Di Florio, District Attorney (Shavasp Hanesian of counsel), for respondent.

MARSH, P. J., SIMONS, MAHONEY and GOLDMAN, JJ., CONCUR.

WITMER, J.

The principal question presented on this appeal is whether the People have proved beyond a reasonable doubt that defendant possessed the drug for the possession of which he has been convicted.

Acting upon a search warrant on July 7, 1972 officers searched the third (attic) floor of a dwelling at No. 337 Tenth Street in the City of Niagara Falls and arrested defendant who was occupying one of...

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