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PEOPLE v. MONCLAVO

211 A.D.2d 434 (1995)

620 N.Y.S.2d 378

The People of the State of New York, Respondent, v. Jose Monclavo, Also Known as Jose Monclova, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 10, 1995

A police officer recovered a brown paper bag from underneath a parked car. After observing that the bag contained vials of crack/cocaine, the officer replaced it. Shortly thereafter, defendant approached the car, reached down, and as he walked away, placed the bag into his pants pocket. Defendant was arrested and the bag of crack was seized. Defendant was charged and convicted on proof that he possessed 500 milligrams or more of...

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