Opinion

People v. Brown

  • 240 A.D.2d 675
  • 659 N.Y.S.2d 82
  • 1997 N.Y. App. Div. LEXIS 6841
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Jun 23, 1997
Status
Published
Cited by
7 cases
Authority
More cited than 2.6%

The opinion

Viewed in a light most favorable to the People, the evidence presented to the Grand Jury was insufficient to support a finding that the defendant exercised dominion and control over the areas where the cocaine, paraphernalia, and handgun giving rise to the charges at issue were seized (see, People v Manini, 79 NY2d 561 ; People v Scott, 206 AD2d 392 ; Penal Law § 10.00 [8]; CPL 70.10 [1]). Thus, the evidence was legally insuf *676 ficient to support a finding that the defendant constructively possessed such items (see, People v Martini, supra; People v Scott, supra; People v Garcia, 133 AD2d 123 ; People v Sanabria, 73 AD2d 696 ). Rather, the evidence revealed only that the defendant, who was the girlfriend of the lessee of the apartment that was the subject of a search warrant, was merely present when the contraband was discovered (see, People v Manini, supra; People v Scott, supra; People v Sanabria, supra). Therefore, the indictment was properly dismissed. Miller, J. P., Copertino, Sullivan and Altman, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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