People v. Fuente
170 A.D.2d 986, 566 N.Y.S.2d 902, 1991 N.Y. App. Div. LEXIS 1710
Opinion
Order unanimously affirmed. Memorandum: County Court properly dismissed counts two and three of the indictment. The evidence before the Grand Jury was insufficient to establish defendant’s constructive possession of the contraband (see, People v Jennings, 69 NY2d 103, 115; People v Patel, 132 AD2d 498, 501-502, lv denied 70 NY2d 935; People v Ballard, 133 Misc 2d 584, 589-590). (Appeal from Order of Monroe County Court, Maloy, J.—Dismiss Indictment.) Present—Doerr, J. P., Boomer, Green, Pine and Davis, JJ.
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People v. Fuente, 170 A.D.2d 986, 566 N.Y.S.2d 902, 1991 N.Y. App. Div. LEXIS 1710 (N.Y. Ct. App. 1991).
170 A.D.2d 986 (People v. Fuente) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
People v. Jennings
69 N.Y.2d 103 (New York Court of Appeals, 1986)
People v. Patel
132 A.D.2d 498 (Appellate Division of the Supreme Court of New York, 1987)
People v. Ballard
133 Misc. 2d 584 (New York Supreme Court, 1986)