PEOPLE v. PHILBERT


267 A.D.2d 607 (1999)

700 N.Y.S.2d 243

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE PHILBERT, Appellant.

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

Decided December 9, 1999.


Graffeo, J.

Defendant was arrested after officers from the Albany County Sheriff's Narcotics Unit observed defendant discard a white plastic bag in a trash receptacle at a bus station in the City of Albany. The contents of the bag were subsequently found to contain an orange juice carton holding over two ounces of crack cocaine. Defendant's first trial ended in a hung jury, but at the conclusion of his second trial defendant was found guilty of criminal possession...

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