PEOPLE v. BRESHNIAN


133 Misc.2d 1100 (1986)

The People of the State of New York, Plaintiff, v. Brian Breshnian et al., Defendants.

Supreme Court, Criminal Term.

December 5, 1986


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Donald Nowve of counsel), for plaintiff. Garnett H. Sullivan for Brian Breshnian, defendant.


WILLIAM D. FRIEDMANN, J.

Dismissal of an indictment, charging various drug related offenses against 10 defendants, is sought on grounds that the Grand Jury should have been instructed that the "Social Club" premises wherein a search warrant was executed, narcotics seized and defendants arrested was a "Public Place". Such instruction, it is contended, would have negated the rebuttable presumption of knowing possession of narcotics

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