PEOPLE v. BUTLER


161 Misc.2d 980 (1994)

615 N.Y.S.2d 843

The People of the State of New York, Plaintiff, v. Harold Butler, Defendant.

Supreme Court, New York County.

June 21, 1994


Attorney(s) appearing for the Case

Legal Aid Society, New York City (Robert M. Baum and Marie Arnold of counsel), for defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (Janet Jordan of counsel), for plaintiff.


FREDERIC S. BERMAN, J.

If a particular count contained in a multicount indictment charges a defendant with possessing both heroin and cocaine in violation of Penal Law § 220.03 (criminal possession of a controlled substance in the seventh degree), is such count duplicitous and violative of CPL 200.30 (indictment; duplicitous counts prohibited)?

In this case the People filed an indictment which...

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