PEOPLE v. PAYNE


135 A.D.2d 746 (1987)

The People of the State of New York, Respondent, v. Patricia Payne, Appellant

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

December 21, 1987


Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

In order to sustain the findings of guilt against the defendant for criminal possession and criminal sale of a controlled substance, "it must appear that the jurors could properly draw an inference from the evidence presented that the defendant acted with the mental culpability necessary to commit the crime charged...

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