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People v. Hicks

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1957
3 A.D.2d 829 (N.Y. App. Div. 1957)
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Summary

In Hicks the evidence also indicated that there was nothing more than a trace of a narcotic in the wad of cotton that was found — insufficient to make a finding that the defendant had possession or control of a narcotic drug.

Summary of this case from People v. Baker
See 2 Summaries

Opinion

April 23, 1957

Judgment unanimously reversed, the information dismissed and the defendant discharged from custody. On neither count was there sufficient evidence to establish each of the elements of the crime.

Concur — Peck, P.J., Breitel, Botein, Rabin and Bergan, JJ.

Summaries of

People v. Hicks

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 1957
3 A.D.2d 829 (N.Y. App. Div. 1957)

In Hicks the evidence also indicated that there was nothing more than a trace of a narcotic in the wad of cotton that was found — insufficient to make a finding that the defendant had possession or control of a narcotic drug.

Summary of this case from People v. Baker

In Hicks, a "trace" of a narcotic found in a wad of cotton was held "insufficient to make a finding that the defendant had possession or control of a narcotic drug."

Summary of this case from People v. Smith
Case details for

People v. Hicks

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES HICKS…

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

Date published: Apr 23, 1957

Citations

3 A.D.2d 829 (N.Y. App. Div. 1957)

Citing Cases

People v. Mason

Research has produced no controlling authority directly addressing the question. The defense relies largely…

People v. Baker

MEMORANDUM BY THE COURT. People v. Hicks ( 3 A.D.2d 829) is distinguishable. In that case the People, in…

8 Citing Cases