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MOYE v. STATE

No. 91, Sept. Term, 2001.

796 A.2d 821 (2002)

369 Md. 2

Kevin MOYE v. STATE of Maryland.

Court of Appeals of Maryland.

April 16, 2002.

Attorney(s) appearing for the Case

Nicole M. Zell, Assistant Public Defender (Stephen E. Harris, Public Defender, on brief), Baltimore, for petitioner.

Stevel L. Holcomb, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, on brief), Baltimore, for respondent.

Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.

BATTAGLIA, J.

In the present matter we are called upon to consider whether a person may be found guilty of possession of a controlled dangerous substance ("CDS") and / or possession of drug paraphernalia in violation of Maryland Code (1957, 1996 Repl.Vol.), Art. 27, §§ 287 and 287A by virtue of having been staying in a house and having been present in the dwelling's basement in which drugs were located inside drawers which were open or partially open. Petitioner...

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