State v. Gainey

Opinion

LAVERY, J.

The defendant, Ontario I. Gainey, appeals from the judgment of conviction, rendered after a jury trial, of possession of narcotics in violation of General Statutes § 21a-279 (a). On appeal, the defendant claims that (1) the trial court improperly responded to a jury question regarding nonexclusive possession and (2) the evidence adduced at trial was insufficient to prove that he constructively possessed the heroin found hidden in a car. We agree with the defendant on both claims and reverse the judgment of the trial court.

The jury reasonably could have found the following…