People v. Polanco
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Credibility issues were properly presented to the jury, and we see no reason to disturb its verdict. The observing officer had an ample opportunity to observe the drug transactions, which included a direct sale made by defendant, and defendant’s exercise of dominion and control over, and thus constructive possession of, the drugs located in a dumpster (People v Morales, 162 AD2d 128). Concur—Sullivan, J. P., Ellerin, Rubin, Kupferman and Nardelli, JJ.
2Cases cited1 opinion
- People v. MoralesAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by1 opinion
- People v. SweatAppellate Division of the Supreme Court of the State of New York · 2003