(DOWNLOAD) "People State New York v. George Freeman" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. George Freeman
- Author : Supreme Court of New York
- Release Date : January 05, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Defendant-appellant was caught, almost literally red-handed, by police while trying to stuff envelopes containing contraband drugs into the pocket of his neighbor at a bar. There was, however, no evidence except his proximity to the place of concealment to connect defendant with a cache of similar drugs beneath the bar rail, and that exhibit must be rejected as evidence. Since chemical analysis of the two separate packages was undifferentiated, it is not possible to tell whether the quantity of drugs remaining for consideration was sufficient to justify conviction for other than simple possession. The only other point raised even worthy of serious consideration is the claim that defendant was prejudiced by last-minute consolidation of the indictment of which convicted with another indictment which charged sale of a different drug. We hold that he was not. To begin at the end, the jury was sufficiently unprejudiced and discriminating to acquit him of the other charge, which had been prosecuted with vigor. At the beginning, we find that counsel raised no plea of surprise and declared that he was ready to proceed. The joinder was a proper exercise of judicial discretion (CPL 200.20, subd. 2, par. [c]; subds. 3, 4, 5).
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