PEOPLE v. HARRISON

1076 KA 20-01184.

200 A.D.3d 1731 (2021)

155 N.Y.S.3d 902

2021 NY Slip Op 07445

The People of the State of New York, Respondent, v. Sid Harrison, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2021.


Attorney(s) appearing for the Case

DAVID P. ELKOVITCH , AUBURN, FOR DEFENDANT-APPELLANT.

JON E. BUDELMANN , DISTRICT ATTORNEY, AUBURN, NEW YORK PROSECUTORS TRAINING INSTITUTE, INC., ALBANY ( DAWN CATERA LUPI OF COUNSEL), FOR RESPONDENT.

Present—Peradotto, J.P., Carni, Lindley, Curran and Bannister, JJ.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1]), criminal possession of a controlled substance in the fourth degree (§ 220.09[1]), and two counts of criminally using drug paraphernalia in the second degree (§...

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