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People v. Marte

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 1986
117 A.D.2d 627 (N.Y. App. Div. 1986)

Opinion

February 3, 1986

Appeal from the Supreme Court, Queens County (Brennan, J.).


Order reversed insofar as appealed from, on the law, that branch of defendant's omnibus motion which was to dismiss the indictment denied, and matter remitted to the Supreme Court, Queens County, for further proceedings including the determination of the remaining branches of defendant's omnibus motion.

The evidence before the Grand Jury, including the nature, contents, and particular location of the defendant's personal documents which were found in the apartment, established a prima facie case that defendant unlawfully possessed the requisite amount of drugs and the firearm as charged in the indictment (CPL 190.65; 70.10; People v. Mayo, 36 N.Y.2d 1002, 1004; People v Robertson, 61 A.D.2d 600, affd 48 N.Y.2d 993). Lazer, J.P., Mangano, Brown and Kooper, JJ., concur.


Summaries of

People v. Marte

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 1986
117 A.D.2d 627 (N.Y. App. Div. 1986)
Case details for

People v. Marte

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JUAN MARTE, Respondent

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

Date published: Feb 3, 1986

Citations

117 A.D.2d 627 (N.Y. App. Div. 1986)