People v. Robertson

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed. We agree with the Appellate Division that the evidence indicating that defendant had control over the apartment was sufficient to support the conclusion reached by the jury that defendant constructively possessed the heroin (valued at $30,000) and drug paraphernalia located in the otherwise empty apartment. In light of the condition of the apartment and its contents, defendant’s manner of entry, combined with his possession of the key, the rent receipts and the realtor’s business card permitted the jury to find that…