PEOPLE v. POWELL


299 A.D.2d 574 (2002)

750 N.Y.S.2d 192

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM J. POWELL, Also Known as KEITH HUMPRHEY, Also Known as WIL, Appellant.

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

Decided November 7, 2002.


Lahtinen, J.

County Court appointed defense counsel to represent defendant in connection with an indictment charging him with criminal sale of a controlled substance in the third degree. Prior to trial, defendant made a pro se motion to dismiss the indictment on the basis that a photograph used to identify him as the perpetrator of the crime was obtained in violation of the Fourth Amendment to the United States Constitution. Following service of the People's response...

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