Legal Opinion

People v. Jenkins

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

Decided June 27, 1995PublishedCited by 1 opinion

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered February 17, 1993, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Viewed in a light most favorable to the People (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932) the evidence of defendant’s drug-induced state while sitting in a parked vehicle in which cocaine was found was legally sufficient to show defendant’s constructive possession of the cocaine.…

2Cases cited3 opinions

  1. People v. MaliziaNew York Court of Appeals · 1984
  2. People v. VillegasAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. PaganAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by1 opinion

  1. People v. AdamsAppellate Division of the Supreme Court of the State of New York · 1998

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