NY appeals court grants new trial in drug case

A state appeals court has reversed drug convictions because of the circumstances surrounding the defendant’s proximity to the illegal substance.

“He was not “sufficiently near the drugs so as to evince defendant’s participation in an apparent drug sales operation,” the court wrote.

“Defendant was not apprehended in the room with the drugs, he was not apprehended fleeing from that room, and he was not apprehended within or outside of the home while attempting to hide from police,” the court wrote.

“Thus, he was not apprehended under circumstances suggesting that he had, just “moments before,” been engaged in drug distillation or packaging,” the court wrote.

“We therefore conclude that the court erred in ruling that the drug factory presumption applied to the facts of this case,” the court wrote.

“We further conclude that the erroneous application of the presumption requires reversal of the judgment and a new trial on each of the three counts upon which defendant was convicted,” the court wrote.

[email protected] / (585) 232-2035