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PEOPLE v. FRANCIS

79 N.Y.2d 925 (1992)

The People of the State of New York, Respondent, v. Gaspar Francis, Appellant.

Court of Appeals of the State of New York.

Decided March 26, 1992.

Attorney(s) appearing for the Case

Frank Loss and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Alexei Schacht and Patricia Curran of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge ALEXANDER taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed.

Defendant was convicted, after a jury trial, of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]). The People argued at trial that the defendant constructively possessed 100 vials of crack cocaine that were found on the floor of a red Camaro. On appeal, the defendant argued...

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