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PEOPLE v. HUERTAS

32 A.D.3d 795 (2006)

821 N.Y.S.2d 205

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS HUERTAS, Appellant.

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

September 28, 2006.

Even though defendant conceded that the garage wherein he was arrested was a marijuana-growing operation and that the high intensity lights and other accouterments found in the garage were used for the purpose of growing marijuana, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620, 621 [1983]), we find that there was legally insufficient evidence to establish that defendant exercised...

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