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PEOPLE v. RODRIGUEZ

159 Misc.2d 670 (1992)

606 N.Y.S.2d 536

The People of the State of New York, Plaintiff, v. Rafael Rodriguez and Laura Camposano, Defendants.

Criminal Court of the City of New York, New York County.

September 10, 1992

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Robert M. Baum and Matthew T. Dushoff of counsel), for Laura Camposano, defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (Lourdes Lopez of counsel), for plaintiff.

HAROLD ADLER, J.

The issue before this court is whether people in an apartment in which drug paraphernalia was allegedly present may be prosecuted for criminally using drug paraphernalia in the second degree (Penal Law § 220.50 [3]). The allegations contained in the factual portion of the accusatory instrument state as follows:

"Deponent is informed by P.O. Karr, of the MNTNT, that informant recovered...

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