The People of the State of New York, Appellant-Respondent v. Stanley R. Kims, II, Respondent-Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division’s reversal of the defendant’s convictions for criminal possession of a controlled substance in the first and third degrees, holding that the trial court’s jury instruction on the statutory “drug factory” presumption was erroneous because the defendant was not in close proximity to the drugs, and that the error was not harmless; the court affirmed the remaining convictions.