People v. Francis

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the indictment dismissed.

Defendant was convicted, after a jury trial, of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]). The People argued at trial that the defendant constructively possessed 100 vials of crack cocaine that were found on the floor of a red Camaro. On appeal, the defendant argued that there was insufficient evidence that he exercised dominion and control over the area in which the drugs had been found (People v Sierra, 45 NY2d 56, 60; cf,…