PEOPLE v. GONZALES


235 A.D.2d 493 (1997)

653 N.Y.S.2d 929

The People of the State of New York, Appellant, v. Jair Duran Gonzales, Also Known as Jair Duran Gonzalez, and Luzdary Estrada, Respondents

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

January 21, 1997


Ordered that the order is reversed insofar as appealed from, on the law, those branches of the defendants' omnibus motions which were to dismiss the indictment for lack of legally sufficient evidence are denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

Penal Law § 220.25 (1) provides, in pertinent part, that "[t]he presence of a controlled substance in an automobile...

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