PEOPLE v. HESTER


71 A.D.2d 121 (1979)

The People of the State of New York, Respondent, v. Ronald Hester, Appellant

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

November 20, 1979


Attorney(s) appearing for the Case

Elaine T. Stogel of counsel (William E. Hellerstein, attorney), for appellant.

Sada Thomas Sweeney of counsel (Norman Barclay with her on the brief; Robert M. Morgenthau, District Attorney), for respondent.

BIRNS, J. P., concurs with MARKEWICH, J.; FEIN, J., concurs in a separate opinion; LUPIANO and SULLIVAN, JJ., dissent in an opinion by LUPIANO, J.


MARKEWICH, J.

Again, we come to the problem of the significance to be attached to one simple circumstance: the passage of glassine envelopes from one hand to another. A current line of cases (see infra) teaches that absent other solid evidentiary factors, this simple fact is insufficient as probable cause for arrest for criminal possession of a controlled substance. However, accepting the circumstances...

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