47 A.D.2d 931 | N.Y. App. Div. | 1975
Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 6, 1974, convicting her of criminal possession of a controlled substance in the seventh degree (two counts), criminal possession of a hypodermic instrument, criminal use of drug paraphernalia in the second degree and-criminal. possession_of stolen.property in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and the facts, and indictment dismissed. Defendant and her codefendant were arrested after police found property allegedly stolen from a burglarized clothing store in a search of the hotel room which they were occupying. Other contraband was also found during the search. At the outset of the trial a hearing was held to determine the admissibility of evidence seized during the search. One of the police officers who conducted the search testified that he met defendant in a hallway outside the hotel room and asked to speak to the codefendant. Defendant