PEOPLE v. DIAZ


108 Misc.2d 213 (1981)

The People of the State of New York, Plaintiff, v. Arturo Diaz, Rudy Rosato, Enrico Mendez and Jose Garcia, Defendants.

Supreme Court, Trial Term, New York County.

March 23, 1981


Attorney(s) appearing for the Case

Sterling Johnson, Jr., Special Assistant District Attorney (Gerald J. McMahon of counsel), for plaintiff. Paul Rinaldo for Arturo Diaz, defendant. Herbert K. Lippman for Rudy Rosato, defendant. Vernon A. Samuels for Enrico Mendez, defendant. Gilbert Epstein for Jose Garcia, defendant.


SHELDON S. LEVY, J.

If a plastic bag of narcotics is found on the outside sill of a broken kitchen window, is it "in open view in a room", within the meaning of subdivision 2 of section 220.25 of the Penal Law (commonly known as the "room presumption for criminal possession of a controlled substance")? The answer to this question is of first impression, and similar questions will arise with increasing frequency as law enforcement officials continue to...

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