At the conclusion of a suppression hearing, the court reserved decision and the parties proceeded immediately to a nonjury trial. Defendant testified in his own behalf and admitted possessing the 33 bags of cocaine recovered from his person but maintained that the cocaine was for his personal use. The court acquitted defendant of the top count charging him with possession of the cocaine with intent to sell (Penal Law § 220.16 [1]). Prior to testifying, defendant neither...
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