PEOPLE v. ROQUE


108 Misc.2d 965 (1981)

The People of the State of New York, Plaintiff, v. Joseph Roque, Defendant.

Supreme Court, New York County.

March 2, 1981


Attorney(s) appearing for the Case

Caesar Cirigliano and Stephen D. Chakwin, Jr., for defendant. Robert M. Morgenthau, District Attorney (Theodore J. G. Colter of counsel), for plaintiff.


HARRY W. DAVIS, J.

Defendant was convicted by a jury of the crime of criminal possession of a controlled substance in the fourth degree. He now moves pursuant to CPL 330.30 (subd 1) to set aside the verdict. Essentially this section provides that such a motion may be made on any ground appearing in the record which, if raised on appeal, would require a reversal. Defendant has raised two issues: One, that the evidence was insufficient to support the guilty...

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