Legal Opinion

People v. Diaz

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

Decided December 29, 2009PublishedCited by 7 opinions

1Opinion of the Court

Defendant was convicted of criminal possession of a controlled substance in the second degree after 253 packets of crack cocaine worth $3,000 were found in a hidden compartment of a minivan that was driven, but not owned, by defendant. The People prosecuted on a theory of constructive possession. We find that the evidence was legally sufficient to establish beyond a reasonable doubt that defendant knowingly and unlawfully possessed crack cocaine and that the crack cocaine he possessed weighed at least four ounces (see Penal Law § 220.18 [1]).

Moreover, we find the court properly denied…

2Cases cited23 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. People v. BerriosNew York Court of Appeals · 1971
  3. People v. ManiniNew York Court of Appeals · 1992
  4. United States v. ReynaCourt of Appeals for the Fifth Circuit · 1998
  5. People v. WayNew York Court of Appeals · 1983

18 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2025
  2. People v. WallsAppellate Division of the Supreme Court of the State of New York · 2025
  3. People v. BrooksAppellate Division of the Supreme Court of the State of New York · 2026
  4. People v. OcamposAppellate Division of the Supreme Court of the State of New York · 2026
  5. People v. RobinsonCriminal Court of the City of New York · 2010

2 more not listed; retrieve them via the Exa API.

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