People v. Plant
Appellate Division of the Supreme Court of the State of New York
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
- People v. RoopchandAppellate Division of the Supreme Court of the State of New York · 1985
- People v. TorresNew York Court of Appeals · 1986
- People v. MorganNew York Court of Appeals · 1985
- People v. LiptonNew York Court of Appeals · 1981
- People v. DiazNew York Court of Appeals · 1974
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- People v. CurleyAppellate Division of the Supreme Court of the State of New York · 1990
- People v. FrazierAppellate Division of the Supreme Court of the State of New York · 1996
- People v. SanzottaAppellate Division of the Supreme Court of the State of New York · 1993
- People v. WestbrooksAppellate Division of the Supreme Court of the State of New York · 2011
- 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.