PEOPLE v. RESEK


3 N.Y.3d 385 (2004)

821 N.E.2d 108

787 N.Y.S.2d 683

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RENE RESEK, Appellant.

Court of Appeals of the State of New York.

Decided November 23, 2004.


Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Richard M. Greenberg of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Walter J. Storey and Donald J. Siewert of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH and CIPARICK concur. with Judge ROSENBLATT; Judge GRAFFEO dissents and votes to affirm in a separate opinion in which Judges READ and R.S. SMITH concur.


OPINION OF THE COURT

ROSENBLATT, J.

Defendant was convicted of criminal possession of a controlled substance with intent to sell, based in part on a search of the car he was driving. To enable the prosecution to explain why defendant was arrested, the trial court allowed police officers to testify that they had monitored the vehicle, based on a report that it was stolen. In fact, and unbeknownst to the trial...

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