PEOPLE v. TEJADA


81 N.Y.2d 861 (1993)

The People of the State of New York, Respondent, v. Rawline Tejada, Appellant.

Court of Appeals of the State of New York.

Decided March 25, 1993.


Attorney(s) appearing for the Case

Kerry Elgarten, New York City, and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Jeanne A. Olivo, Phyllis A. Monroe, Norman Barclay and Alan Gadlin of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE and BELLACOSA concur; Judge HANCOCK, JR., dissents and votes to reverse in an opinion; Judge SMITH taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant-appellant was convicted, after a nonjury trial, of criminal possession of a controlled substance in the third degree, criminal possession of a weapon in the third degree, and criminally using drug paraphernalia in the second degree. The Appellate Division held his appeal to that Court in abeyance subject to a remittal for a hearing on defendant...

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