PEOPLE v. MIZELL


72 N.Y.2d 651 (1988)

The People of the State of New York, Appellant, v. Irving Mizell, Respondent.

Court of Appeals of the State of New York.

Decided December 15, 1988.


Attorney(s) appearing for the Case

William L. Murphy, District Attorney (Yolanda L. Rudich and Karen F. McGee of counsel), for appellant.

Leslie Crary and Philip L. Weinstein for respondent.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


KAYE, J.

Can an unusable cocaine "residue" found on the sides of vials in defendant's possession support a charge of criminal possession of a controlled substance in the seventh degree? Concluding that it can, we reverse Appellate Term's dismissal order and grant the People's request to reinstate the misdemeanor complaint.

Defendant, allegedly using a metal pipe to damage the door lock of a Staten Island...

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