PEOPLE v. BARRY


226 A.D.2d 266 (1996)

641 N.Y.S.2d 280

The People of the State of New York, Appellant, v. Bernard Barry, Respondent

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

April 25, 1996


At 7 o'clock on a Saturday morning in February 1991, a narcotics undercover police officer approached defendant on a street in the Mott Haven section of the Bronx, attracted by the orange-capped vials protruding from the latter's coat pocket. The officer recovered 73 such vials, all held together on a long strip of tape, each vial containing "a white rock-like substance." Defendant told the Grand Jury that he had discovered this bundle of "drugs" on the hallway floor as he...

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