PEOPLE v. BROWN


71 A.D.2d 918 (1979)

The People of the State of New York, Respondent, v. William Brown, Appellant

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

August 20, 1979


Judgment reversed, on the law, and new trial ordered.

The theory of the prosecution at trial was that the defendant possessed a bag containing heroin which he had thrown into Warwick Street in the course of a night-time chase of his vehicle by the police. The chase occurred when the defendant "sped away" after being stopped by the police for passing a red light. Officer Smith testified that he was operating a radio car with Officer Kozak as the recorder at about 9...

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