A Manhattan appeals court has overturned a conviction for low-level drug possession in a case where a judge instructed the jury—while the defendant and his counsel were not present—that it must resume deliberations.
The Appellate Division, First Department‘s, ruling Thursday in People v. Farez, 3662 359/14, said the dismissal was based on other decisions by Bronx County Supreme Court Justice Eugene Oliver Jr. during a 2015 drug possession trial, such as denying access to a police document as evidence.
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