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PEOPLE v. JOSEPH

85 A.D.2d 546 (1981)

The People of the State of New York, Appellant, v. Ernest Joseph and Propero Sierra, Respondents

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

December 10, 1981

The court below dismissed the instant indictment on the ground that the statutory presumption of subdivision 3 of section 265.15 of the Penal Law is unconstitutional. The court based its determination on the then persuasive Federal holding of Allen v County Ct., Ulster County (568 F.2d 998). However, Allen has since been reversed (sub nom. Ulster County Ct. v Allen, 442 U.S. 140...

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