People v. Davis

Judgment unanimously affirmed. Memorandum: Defendant contends that the evidence is legally insufficient to establish his constructive possession of the contraband seized from an apartment upon the execution of a search warrant. We disagree. We conclude that the evidence adduced at trial satisfies the requisite standard of proof in this wholly circumstantial evidence case (see, People v Torres, 68 NY2d 677, 678; cf., People v Francis, 79 NY2d 925, 926; People v Giuliano, 65 NY2d 766, 767-768; People v Orta, 184 AD2d 1052, 1053).

The People offered proof at trial that a hospital identification…