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PEOPLE v. MARTINEZ

136 Misc.2d 665 (1987)

The People of the State of New York, Plaintiff, v. Estuardo Martinez, Huascar Pimental, Lenny Wiesnin and Juan Lopez, Defendants.

Supreme Court, Criminal Term, Queens County.

August 10, 1987

Attorney(s) appearing for the Case

Lewis Reiss for Estuardo Martinez and another, defendants. David H. Weiss for Huascar Pimental, defendant. Russell C. Morea for Juan Lopez, defendant. John J. Santucci, District Attorney (Donald Nowve of counsel), for plaintiff.

WILLIAM D. FRIEDMANN, J.

Defendants Huascar Pimental, Lenny Wiesnin and Estuardo Martinez, passengers in a moving automobile, are charged along with others with criminal possession of a controlled substance and using drug paraphernalia (Penal Law §§ 220.16, 220.09, 220.50) on the basis of the statutory presumption of possession in Penal Law § 220.25 (1) which provides that "the presence of a...

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