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PEOPLE v. VAN HOESEN

12 A.D.3d 5 (2004)

783 N.Y.S.2d 89

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RAYMOND VAN HOESEN, Respondent.

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

October 21, 2004.

Attorney(s) appearing for the Case

Paul A. Clyne, District Attorney, Albany (Christopher D. Horn of counsel), for appellant.

Castillo & Associates, Albany (Gloria Herron Arthur of counsel), for respondent.

CARDONA, P.J., MERCURE, CREW III and SPAIN, JJ., concur.

OPINION OF THE COURT

CARPINELLO, J.

The facts in this case are not in dispute. A search of defendant's apartment revealed substances suspected to be cocaine and marihuana, along with paraphernalia commonly used for drug manufacturing and packaging. Field tests performed on the substances by a trained police officer confirmed the presence of cocaine and marihuana. A five-count indictment was thereafter handed up charging defendant with criminal possession...

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