People v. Santiago

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 13, 1972, convicting him of three counts of criminal possession of a dangerous drug in the fourth degree, and imposing sentence. Judgment reversed, on the law and the facts, and indictment dismissed. Based on the record before us, we do not find the requirement of knowledgeable possession to have been proven beyond a reasonable doubt. Actual or constructive possession with actual knowledge of the nature of the possessed substance is required (People v. Reisman, 29 N Y 2d 278; People v. Patello, 41 A D 2d…