PEOPLE v. HEWITT


233 A.D.2d 171 (1996)

649 N.Y.S.2d 663

The People of the State of New York, Appellant, v. Oswin Hewitt, Respondent

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

November 14, 1996


After searching an apartment pursuant to a search warrant and discovering contraband therein, the police arrested defendant, who had keys to the apartment on his person. They also found telephone and utility bills in his name in the apartment. The Supreme Court dismissed the indictment, finding that the People had failed to charge the Grand Jury with respect to the law as it pertains to constructive possession. It concluded that even if the Grand Jury had been charged earlier...

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