People v. Betances

— Judgment unanimously reversed on the law and indictment dismissed. Memorandum: The evidence was insufficient to support defendant’s conviction of possession of a controlled substance in the third degree. A person is guilty of that charge

"when he knowingly and unlawfully possesses:

"1. a narcotic drug with intent to sell it” (Penal Law § 220.16 [1]).

The evidence against defendant on this charge was wholly circumstantial. Viewing the evidence in the light most favorable to the People (People v Ford, 66 NY2d 428; People v Malizia, 62 NY2d 755, cert denied 469 US 932), we must determine whether…