PEOPLE v. BANKS


155 A.D.2d 347 (1989)

The People of the State of New York, Respondent, v. Earl Banks, Appellant

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

November 21, 1989


The conviction should be reversed since the trial court erred in denying a request by defendant's counsel for a charge on the defense of "temporary and lawful" possession. Defendant has been on parole since June 1988.

The People's case was as follows. At approximately 8:20 P.M. on October 25, 1984, the complainant, Freddie Benes, a convicted marihuana dealer, was approached from behind by Earl Banks and codefendant Carson Love in Saint Catherine's Park on East 68th...

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