Legal Opinion

People v. Brown

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

Decided June 23, 1997Published

1Opinion of the Court

Viewed in a light most favorable to the People, the evidence presented to the Grand Jury was insufficient to support a finding that the defendant exercised dominion and control over the areas where the cocaine, paraphernalia, and handgun giving rise to the charges at issue were seized (see, People v Manini, 79 NY2d 561; People v Scott, 206 AD2d 392; Penal Law § 10.00 [8]; CPL 70.10 [1]). Thus, the evidence was legally insuf*676ficient to support a finding that the defendant constructively possessed such items (see, People v Martini, supra; People v Scott, supra; People v Garcia, 133 AD2d 123;…

2Cases cited4 opinions

  1. People v. ManiniNew York Court of Appeals · 1992
  2. People v. SanabriaAppellate Division of the Supreme Court of the State of New York · 1979
  3. People v. ScottAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1987

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