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PEOPLE v. CABAN

90 Misc.2d 43 (1977)

The People of the State of New York, Plaintiff, v. Maria Caban and Hector Suarez, Defendants.

Supreme Court, Criminal Term, Kings County.

April 6, 1977

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Ralph Stubbs of counsel), for plaintiff. Sidney Schmukler and Nelson Schmukler for Maria Caban, defendant. John Monteleone for Hector Suarez, defendant.

JAMES G. STARKEY, J.

Defendants have moved for an order setting aside a jury verdict convicting them of criminal possession of more than one eighth of an ounce of heroin in violation of section 220.09 of the Penal Law, a C felony. The main ground alleged is insufficiency of the evidence which, as to the two defendants, tended to show the following:

On May 12, 1975, shortly after 2:00 A.M., two police...

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