Commonwealth v. Valette

OPINION

PAPADAKOS, Justice.

The appellee, Angel Valette, was convicted of possession of a controlled substance with intent to deliver 1 following a jury trial in the Court of Common Pleas of York County. He appealed his judgment of sentence to the Superior Court, which affirmed. 2 He thereafter filed a petition for allowance of appeal with this Court, which we granted, limited to examining the parameters of the theory of constructive possession.

The convictions arose from evidence obtained in a police search of a two story apartment in York Pennsylvania. On November 15, 1988, police in…