PEOPLE v. BRYANT


60 A.D.2d 810 (1978)

The People of the State of New York, Respondent, v. Paul Bryant, Appellant

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

January 10, 1978


Reversed, on the law, and a new trial directed.

At trial Police Officer Gervasi, experienced in narcotics arrests, testified that he observed the defendant at about 12:45 P.M. on a fairly sunny day descending the stairs to the basement level of 246 West 114th Street. Defendant, while descending, turned and reached up to an unseen point underneath the front steps of the building. Upon defendant's withdrawing his arm down from the point under the front steps, he was...

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