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1
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OPINION
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EXTRACTED KEY WORDS
COURT TRIAL COURT CPL MOTION CRIMINAL POSSESSION EVIDENCE APPELLATE DIVISION PENAL LAW DRUG REVIEW CONTROLLED SUBSTANCE APARTMENT CRAWFORD DISMISS LEGALLY SUFFICIENT CASE-IN-CHIEF CONVICTION WITNESSES SUPREME COURT NY2D NARCOTICS INSUFFICIENT DASHON HINES REVISITING GUILTY VERDICT SET ASIDE INDICTMENT DRUG PARAPHERNALIA HOUSING AUTHORITY |
4 No. 137
The People &c.,
Respondent,
v.
Dashon Hines,
Appellant.
_________________________________________________________________
2001 NY Int. 113
October 23, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Shirley K. Duffy, for appellant.
James P. Maxwell, for respondent.
_________________________________________________________________
GRAFFEO, J.:
At issue is whether a trial court that denied a motion to dismiss at
the close of the People's case-in-chief may review that decision in
the context of a post-verdict CPL 330.30 motion after defendant called
witnesses and testified on his own behalf. Because we conclude that
Supreme Court erred in revisiting its prior denial, we affirm the
order of the Appellate Division reinstating defendant's conviction.
Defendant Dashon Hines and co-defendant Jamie Crawford were charged
with criminal possession of a controlled substance in the first degree
(Penal Law § 220.21(1) (possession of four or more ounces of a
narcotic drug)), criminal possession of a controlled substance in the
third degree (Penal Law § 220.16(1) (possession with intent to
sell)), and criminally using drug paraphernalia in the second degree
(Penal Law § 220.50(3) (possession of scales and balances under
circumstances evincing an intent to use them for manufacture or sale
of a narcotic drug)). The charges arose from the discovery of more
than fourteen ounces of cocaine,(1) drug paraphernalia and $7,900
in an apartment defendant had leased from the Syracuse Housing
Authority. The contraband was found after firefighters, who entered
defendant's apartment in the course of extinguishing a fire in the
apartment below, saw cocaine and drug paraphernalia in the open hall
pantry. This led to a search of the premises by police officers
pursuant to a warrant, who discovered more contraband in the bedroom
along with personal property belonging to defendants.
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