People v. Mayo

Acosta and Freedman, JJ., dissent in a memorandum by Acosta, J.,

as follows: I respectfully dissent because the majority extends the room presumption to drugs not in plain view. Given the absence of evidence that respondent exercised dominion and control over the apartment, this extension dangerously casts too wide a net of criminality.

On December 28, 2006, at 12:30 a.m., defendant was arrested in a Brooklyn apartment with John Bosmond and Leola Nimmons for allegedly possessing various quantities of drugs in Nimmons’s apartment. Neither Bosmond or defendant lived there, although Bosmond was…