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PEOPLE v. HYDE

302 A.D.2d 101 (2003)

754 N.Y.S.2d 11

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PAUL HYDE, Respondent.

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

January 23, 2003.

Attorney(s) appearing for the Case

Stanley R. Kaplan of counsel (Joseph N. Ferdenzi on the brief; Robert T. Johnson, District Attorney, Bronx County, attorney), for appellant.

Rosemary Herbert of counsel (Richard M. Greenberg, Office of the Appellate Defender, attorney), for respondent.

MAZZARELLI, J.P., SAXE, ROSENBERGER and LERNER, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This appeal, from the dismissal of an indictment for legal insufficiency, presents the issue of whether the People's evidence before the grand jury established defendant's possession of drugs, drug paraphernalia, a gun and ammunition recovered from an apartment or, as the motion court held, merely his presence in that apartment.

A transcript of the grand jury proceedings reveals the following. On July 11, 2001, at...

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