# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · June 23, 1997 · 240 A.D.2d 675

URL: https://www.frixlaw.com/law-library/cases/6015397

## Case

- **Full name:** The People of the State of New York v. Kizzy Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 23, 1997
- **Citations:** 240 A.D.2d 675; 659 N.Y.S.2d 82; 1997 N.Y. App. Div. LEXIS 6841
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6015397

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6015397. Public record. Not legal advice.