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PEOPLE v. TORRES

88 N.Y.2d 928 (1996)

669 N.E.2d 1112

646 N.Y.S.2d 790

The People of the State of New York, Appellant, v. Jose Torres, Respondent.

Court of Appeals of the State of New York.

Decided June 28, 1996.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Nicole Beder and Steven J. Chananie of counsel), for appellant.

Judah Maltz, Kew Gardens, for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, and the matter remitted to the Appellate Division for further proceedings in accordance with the memorandum herein, including consideration of the facts pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b).

Defendant was arrested on March 27, 1989, and indicted for criminal possession of a controlled substance in the first and second degrees. On June...

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