Judgment unanimously reversed on the law, motion to suppress granted and indictment dismissed.
Memorandum:
Defendant was charged with criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) for knowingly and unlawfully possessing cocaine with intent to sell. He was arrested after the police executed a search warrant at a second floor apartment on Exchange Street in the City of Geneva and searched defendant, who was present...
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