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In re Nina J.

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1998
246 A.D.2d 495 (N.Y. App. Div. 1998)

Opinion

January 29, 1998

Appeal from the Family Court, New York County (Rhoda Cohen, J.).


The court's fact-finding determination was based on legally sufficient evidence and was not against the weight of the evidence. The presentment agency adduced ample evidence of appellant's proximity to the drugs and packaging material to support the court's reliance on the room presumption under Penal Law § 220.25 (2), particularly given the small size of the apartment. Moreover, appellant's own testimony, which is properly considered for purposes of reviewing the legal sufficiency and weight of the evidence ( People v. Kirkpatrick, 32 N.Y.2d 17, 21, appeal dismissed 414 U.S. 948), cured any deficiency in the presentment agency's case in this respect. The record further supports the court's conclusion that appellant's testimony that she was waiting in the apartment for her friend to return and did not know the owner of the apartment failed to rebut the presumption.

Concur — Ellerin, J.P., Nardelli, Wallach and Rubin, JJ.


Summaries of

In re Nina J.

Appellate Division of the Supreme Court of New York, First Department
Jan 29, 1998
246 A.D.2d 495 (N.Y. App. Div. 1998)
Case details for

In re Nina J.

Case Details

Full title:In the Matter of NINA J., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 29, 1998

Citations

246 A.D.2d 495 (N.Y. App. Div. 1998)
667 N.Y.S.2d 748

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