Legal Opinion

People v. Pleczyj

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

Decided October 2, 1998Published

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant’s conviction of four counts of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1], [3]) is supported by legally sufficient evidence of constructive possession (see, People v Bleakley, 69 NY2d 490, 495). That theory is supported by the evidence presented by the People establishing that defendant controlled the area in which the police found the contraband (see, People v Martini, 79 NY2d 561, 572-574).

We reject the contention of defendant that Supreme Court erred in denying his motion for a Franks hearing (see, Franks…

2Cases cited7 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. Franks v. DelawareSupreme Court of the United States · 1978
  3. People v. ManiniNew York Court of Appeals · 1992
  4. People v. ChristopherAppellate Division of the Supreme Court of the State of New York · 1984
  5. People v. HathawayAppellate Division of the Supreme Court of the State of New York · 1990

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