PEOPLE v. JONES


70 N.Y.2d 547 (1987)

The People of the State of New York, Appellant, v. Dana Jones, Respondent.

Court of Appeals of the State of New York.

Decided November 25, 1987.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Mark Dwyer and Michael A. Schwartz of counsel), for appellant.

Jennifer S. Brand and Philip L. Weinstein for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and TITONE concur with Judge HANCOCK, JR.; Judge BELLACOSA concurs in result in a separate opinion.


HANCOCK, JR., J.

Defendant was convicted, after a jury trial, of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first and third degrees. After originally affirming his conviction (124 A.D.2d 1076), the Appellate Division unanimously granted defendant's motion for reargument, vacated its prior order, reversed the judgment of conviction, and...

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