PEOPLE v. NEWMAN


37 A.D.3d 621 (2007)

829 N.Y.S.2d 670

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS B. NEWMAN, Appellant.

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

Decided February 13, 2007.


Ordered that the judgments are affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).

The defendant was charged under two separate indictments with conspiracy in the sixth degree, for conspiracy to commit criminal possession of a controlled substance in the seventh degree with different individuals. The indictments were jointly tried.

Viewing the evidence in the light most favorable to...

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