The People of the State of New York, Respondent v. Andre Martinez, Appellant

Summary

The New York Court of Appeals reversed the Appellate Division and ordered a new trial on the criminal possession and sale counts because the trial court’s instruction of the statutory "drug factory" presumption was erroneous and harmless error analysis was inappropriate when a general verdict may have rested on an illegal theory. Justice Levine dissented, arguing that the presumption is not an illegal theory and that harmless error analysis should apply.