People v. Carr

112 A.D.2d 774, 492 N.Y.S.2d 274, 1985 N.Y. App. Div. LEXIS 56013
Procedural entryThis page is a short order in People v. Carr. Read the opinion of the Court — 135 A.D.2d 722

Opinions

Judgment reversed, on the law, and indictment dismissed. Memorandum: The testimony convicting defendant of the sale of one tenth of a gram of cocaine was so inconsistent, contradictory and implausible, we find the record as a whole deficient and that guilt has not been established beyond a reasonable doubt as a matter of law (see, People v Reed, 40 NY2d 204, 208; People v Santos, 38 NY2d 173, 176; People v Oyola, 6 NY2d 259, 261).

All concur, except Hancock, Jr., J. P., and Callahan, J., who dissent and vote to affirm, in the following memorandum.

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People v. Carr, 112 A.D.2d 774, 492 N.Y.S.2d 274, 1985 N.Y. App. Div. LEXIS 56013 (N.Y. Ct. App. 1985).

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Related

People v. Santos
341 N.E.2d 554 (New York Court of Appeals, 1975)
People v. Oyola
160 N.E.2d 494 (New York Court of Appeals, 1959)
People v. Reed
352 N.E.2d 558 (New York Court of Appeals, 1976)
People v. Kennedy
391 N.E.2d 288 (New York Court of Appeals, 1979)
People v. Thomas
424 N.E.2d 551 (New York Court of Appeals, 1981)