PEOPLE v. CULLEN


77 A.D.2d 949 (1980)

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

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

August 25, 1980


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

We have reviewed the record, as directed by the Court of Appeals, and are of the view that the jury's implicit finding, in accordance with the Trial Judge's instruction, that Nassau County had jurisdiction of the offense of possession was not against the weight of the evidence. Accordingly, the indictment cannot be dismissed. However, pursuant to the very same decision of the Court of Appeals, defendant is entitled...

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