People v. Brian

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree with the Appellate Division that the People’s entire case was based upon circumstantial evidence and that the trial court erred in declining the defense request for a circumstantial evidence charge. Defendant was not observed in actual physical possession of the drugs and weapons found in his apartment. Therefore, his criminal responsibility for the possessory crimes charged against him had to be based upon his "exercise [of] dominion or control over” the contraband (Penal Law § 10.00 [8]). Although…