PEOPLE v. GARCIA


255 A.D.2d 266 (1998)

682 N.Y.S.2d 7

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

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

November 24, 1998


Defendant was charged with criminal possession of a controlled substance in the second degree under Penal Law § 220.18 (1), which provides that a person is guilty of second-degree possession when he knowingly and unlawfully possesses two ounces or more of a narcotic drug. Trial testimony established the following. On the morning of December 16, 1993, an officer patrolling the interior of a building at West 175th Street in Manhattan...

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