Legal Opinion
People v. Rowell
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1990PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of criminal possession of a controlled substance in the third and seventh degrees, defendant argues that the proof of constructive possession was legally insufficient. We find, in this wholly circumstantial evidence case, that the People proved beyond a reasonable doubt that defendant knowingly possessed the drugs, excluding to a moral certainty every other reasonable hypothesis (Penal Law § 220.16 [12]; § 220.03; see, People v Kennedy, 47 NY2d 196, 202, rearg dismissed 48 NY2d 635; People v Johnson, 101 AD2d…
2Cases cited6 opinions
- People v. KennedyNew York Court of Appeals · 1979
- People v. TorresNew York Court of Appeals · 1986
- People v. RobertsonNew York Court of Appeals · 1980
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1984
- People v. GustafsonAppellate Division of the Supreme Court of the State of New York · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. MalloryAppellate Division of the Supreme Court of the State of New York · 1996
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 1992
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1994
- Mercer v. HerbertDistrict Court, W.D. New York · 2001
- People v. SmikleAppellate Division of the Supreme Court of the State of New York · 2003