PEOPLE v. BERRY


5 A.D.3d 866 (2004)

773 N.Y.S.2d 181

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEY BERRY, Appellant.

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

March 11, 2004.


Rose, J.

On September 30, 2000, at approximately 1:05 A.M., police officers stopped defendant's car for a traffic violation and seized him when he attempted to run away. They then retrieved a plastic bag that defendant threw away during their struggle and a loaded revolver found on the driver's side of the car's front seat. The bag contained 28 pieces of crack cocaine individually wrapped in cellophane. Defendant was arrested...

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