Legal Opinion

People v. Plant

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 1988PublishedCited by 42 opinions

1Opinion of the Court

Judgment affirmed. All concur, Callahan, J., not participating. Memorandum: Circumstantial evidence of defendant’s constructive possession of heroin was legally sufficient to sustain his conviction for criminal possession of a controlled substance in the fourth degree (see, People v Torres, 68 NY2d 677; People v Diaz, 41 AD2d 382, affd 34 NY2d 689).

The claimed instances of prosecutorial misconduct were not so egregious that defendant was deprived of a fair trial (People v Roopchand, 107 AD2d 35, affd 65 NY2d 837). In our view, the prosecutor’s characterization of certain factual circumstances…

2Cases cited6 opinions

  1. People v. RoopchandAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. TorresNew York Court of Appeals · 1986
  3. People v. MorganNew York Court of Appeals · 1985
  4. People v. LiptonNew York Court of Appeals · 1981
  5. People v. DiazNew York Court of Appeals · 1974

1 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. People v. CurleyAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. FrazierAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. SanzottaAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. WestbrooksAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. PenningtonAppellate Division of the Supreme Court of the State of New York · 1995

37 more not listed; retrieve them via the Exa API.

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