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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
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 12, 1985
StatusPublished

This text of 112 A.D.2d 774 (People v. Carr) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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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)

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Bluebook (online)
112 A.D.2d 774, 492 N.Y.S.2d 274, 1985 N.Y. App. Div. LEXIS 56013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carr-nyappdiv-1985.