People v. Whitfield

In People v. Whitfield, 255 A.D.2d 924 (4th Dept.1998) a bag of cocaine was thrown from an automobile, and additional cocaine was later recovered from the floor of the automobile. One count of possession with intent to sell was submitted to the jury with instructions that to convict the jury had to find the defendant possessed both quantities. No mention was made of a pre-trial motion to dismiss for duplicity. The jury charge in Whitfield is an example of a device that can be used to overcome the "evil" of a duplicitous indictment. Whitfield does not stand for the proposition that a count of an indictment charging possession of two quantities of narcotics found in different locations can withstand a timely motion to dismiss for duplicity in the absence of other counts in the indictment charging separate possession of each quantity.