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PEOPLE v. SMITH

226 A.D.2d 318 (1996)

642 N.Y.S.2d 223

The People of the State of New York, Appellant, v. Kevin Smith, Respondent

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

April 30, 1996

Viewing the evidence presented to the Grand Jury in a light most favorable to the People, the court properly determined that it was insufficient to support a charge of criminal possession of a controlled substance in the first degree, since the mere fact that defendant was seen holding a paper bag containing 4¼ ounces of cocaine and placing it behind his leg when police officers approached, without more, failed to establish...

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