PEOPLE v. MILOM


75 A.D.2d 68 (1980)

The People of the State of New York, Respondent, v. Robert Milom, Appellant

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

June 10, 1980


Attorney(s) appearing for the Case

Robert Milom, appellant pro se and Donald S. Hillman of counsel (William E. Hellerstein, attorney), for appellant.

Donald J. Siewert of counsel (Brian Rosner with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

LYNCH, J., concurs with LUPIANO, J.; KUPFERMAN, J., concurs in result; SANDLER, J., concurs in opinion; MURPHY, P. J., dissents in opinion.


LUPIANO, J.

The People's evidence consists mainly of testimony by Police Officer Anderson that on June 12, 1977, he peered through the partially opened window of the brightly lit rest room at the rear of premises used as a bar. He observed the defendant enter with three or four other individuals. Defendant took a clear plastic bag containing white powder from the crotch of his pants and used a silver plastic spoon...

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