PEOPLE v. SEARS


86 A.D.2d 879 (1982)

The People of the State of New York, Respondent, v. Anthony Sears, Appellant

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

February 16, 1982


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

The trial court's charge to the jury was improper and mandates a new trial. The charges against appellant arose, in part, out of his alleged possession of cocaine in an automobile. The People requested the trial court to charge as to the presumption contained in subdivision 1 of section 220.25 of the Penal Law, which provides, inter alia: "The presence of a controlled substance in an automobile * * * is...

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