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People v. Edwards

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1980
77 A.D.2d 786 (N.Y. App. Div. 1980)

Opinion

July 10, 1980

Appeal from the Onondaga Supreme Court.

Present — Cardamone, J.P., Simons, Schnepp, Doerr and Moule, JJ.


Order unanimously affirmed. Memorandum: The People have appealed from an order setting aside a jury verdict convicting defendant of criminal possession of a controlled substance in the third degree and conspiracy in the first degree. The trial court's action was based on its determination that the People had not established a prima facie case for either crime. We agree. Unlike the situation in People v. Berkowitz ( 50 N.Y.2d 333), the People here did not produce evidence sufficiently connecting the defendant to a conspiracy to possess cocaine as charged in the indictment. Since a prima facie case of conspiracy was not established the acts and utterances of the alleged coconspirators could not be attributed to the defendant.


Summaries of

People v. Edwards

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 10, 1980
77 A.D.2d 786 (N.Y. App. Div. 1980)
Case details for

People v. Edwards

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DENNIS EDWARDS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 10, 1980

Citations

77 A.D.2d 786 (N.Y. App. Div. 1980)

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