Can a jury dismiss an indictment for criminal possession of a controlled substance and for robbery?

"New York", United States of America

The following excerpt is from People v. Wood, 2006 NY Slip Op 52428(U) (N.Y. County Ct. 11/22/2006), 2006 NY Slip Op 52428 (N.Y. Cty. Ct. 2006):

Here, the totality of the evidence before the grand jury was not overwhelming against the defendant as both the defendant and the alleged victim testified to differing versions of events, and the evidence on the criminal possession charge is circumstantially based upon constructive possession. In drug prosecutions, there is a greater risk of prejudice resulting from the use of prior drug convictions "because of the inevitable pressure on lay jurors to believe that if he did it before he probably did so this time.' (US v. Puco, 453 F2d 539, 542). The prosecutor's questioning of the defendant regarding his prior convictions for criminal possession of a controlled substance and for robbery, as well as to whether he had served two and one-half to five years in state prison, was sufficient, absent the limiting instruction, to create the requisite degree of possible prejudice to the defendant and require dismissal of the indictment.

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