PEOPLE v. HARDY


124 A.D.2d 676 (1986)

The People of the State of New York, Respondent, v. Thomas Hardy, Appellant

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

November 10, 1986


Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to be established.

On the afternoon of August 19, 1984, the defendant was arrested for possession of cocaine. According to the arresting officer, he observed three men huddled beside a service road and, upon approaching them, noticed that the defendant was holding a plastic bag containing a white powder. When the men became aware of the police...

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