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PEOPLE v. BANKS

85 N.Y.2d 558 (1995)

650 N.E.2d 833

626 N.Y.S.2d 986

The People of the State of New York, Respondent, v. Porter F. Banks, Appellant.

Court of Appeals of the State of New York.

Decided May 4, 1995.

Attorney(s) appearing for the Case

Michael H. Sussman, Goshen, and Scott A. Thornton for appellant.

Sol Greenberg, District Attorney of Albany County, Albany (Paul A. Clyne and Risa L. Viglucci of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur.

LEVINE, J.

Defendant and codefendant Robert Jones were indicted for criminal possession of a controlled substance in the first degree arising out of the seizure of a large quantity of cocaine from an automobile defendant had rented. At the suppression hearing in the case, Trooper Cuprill of the State Police, the sole People's witness, testified as follows. About 1:00 P.M. September 14, 1991, while parked in a...

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