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PEOPLE v. KIMS

No. 155.

24 N.Y.3d 422 (2014)

23 N.E.3d 1016

998 N.Y.S.2d 748

2014 NY Slip Op 07196

THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. STANLEY R. KIMS, II, Respondent-Appellant.

Court of Appeals of New York.

Decided October 23, 2014.

Attorney(s) appearing for the Case

Cindy F. Intschert , District Attorney, Watertown ( Harmony A. Healy of counsel), and Karen F. McGee and Hannah E.C. Moore , New York Prosecutors Training Institute, Albany, for appellant-respondent.

Davison Law Office, PLLC, Canandaigua ( Mark C. Davison of counsel), for respondent-appellant.

OPINION OF THE COURT

On these cross appeals arising from defendant's convictions for various drug-related crimes, we conclude that defendant was not within "close proximity" to the drugs found in his apartment once he exited the premises and entered his car, where no evidence...

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