Legal Opinion

People v. Fuente

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

Decided February 1, 1991Published

1Opinion of the Court

Order unanimously affirmed. Memorandum: County Court properly dismissed counts two and three of the indictment. The evidence before the Grand Jury was insufficient to establish defendant’s constructive possession of the contraband (see, People v Jennings, 69 NY2d 103, 115; People v Patel, 132 AD2d 498, 501-502, lv denied 70 NY2d 935; People v Ballard, 133 Misc 2d 584, 589-590). (Appeal from Order of Monroe County Court, Maloy, J.—Dismiss Indictment.) Present—Doerr, J. P., Boomer, Green, Pine and Davis, JJ.

2Cases cited3 opinions

  1. People v. JenningsNew York Court of Appeals · 1986
  2. People v. PatelAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. BallardNew York Supreme Court · 1986