Is there any case law where a defendant was allegedly seen in possession of heroin?
"New York", United States of America
The following excerpt is from People v. Ortiz, 146 Misc.2d 594, 558 N.Y.S.2d 784 (N.Y. Sup. Ct. 1990):
The defendant, relying upon People v. Martes, 140 Misc.2d 1034, 532 N.Y.S.2d 469, maintains that the mere allegation that defendant was seen "in possession" of heroin is conclusory rather than evidentiary and that therefore the information is jurisdictionally defective.
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