PEOPLE v. McCRAY


57 A.D.2d 632 (1977)

The People of the State of New York, Respondent, v. Joel McCray, Also Known as Jo Moe, Appellant

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

April 25, 1977


Judgment affirmed.

Defendant-appellant's indictment and conviction for the crimes of criminally selling and possessing a dangerous drug arose out of a sale of heroin to a police officer on November 9, 1972. During the course of its charge, the trial court instructed the jury that possession of a drug carries with it a "presumption" that the possessor knows the nature of the possessed substance. That portion of the charge was erroneous. Possession of narcotics permits...

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