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PEOPLE v. McCALL

137 A.D.2d 561 (1988)

The People of the State of New York, Respondent, v. William McCall, Appellant

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

February 1, 1988

Ordered that the judgments are affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

Under indictment No. 2174/83, the defendant contends that the People failed to prove his guilt beyond a reasonable doubt. Inasmuch as the police did not recover the drugs in question from the defendant's person, it was incumbent upon them to demonstrate that he constructively...

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