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People v. Charles

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1995
212 A.D.2d 541 (N.Y. App. Div. 1995)

Opinion

February 6, 1995

Appeal from the Supreme Court, Kings County (Rienzi, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Under the circumstances of this case, it was reasonable for the jury to infer that the defendant knowingly possessed a controlled substance since he was found in close proximity to a large quantity of narcotics under circumstances evincing an intent to unlawfully mix, compound, package, or otherwise prepare them for sale (Penal Law § 220.25; People v. Green, 133 A.D.2d 170).

The testimony adduced at trial established that the defendant was found seated at a dining room table where the following was found in open view, lying on a dining room table: one clear plastic bag containing a large rock of crack cocaine, one clear plastic bag containing 63 smaller individual plastic bags of crack cocaine, one clear plastic bag containing 79 black-capped vials each containing crack cocaine, two triple-beam scales (used to weigh the cocaine), two beepers, and another clear plastic bag containing red vial tops. The officers also recovered from the apartment two loaded weapons, numerous rounds of ammunition, and $515 in small denominations of United States currency.

Furthermore, since the People had the burden of proving beyond a reasonable doubt that the defendant possessed the cocaine with the intent to sell it, the money was admissible as evidence (see, Penal Law § 220.16; Matter of Jason M., 196 A.D.2d 502; People v. Summers, 176 A.D.2d 905; People v. Arimont, 161 A.D.2d 769).

We have considered the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Miller, J.P., O'Brien, Santucci and Florio, JJ., concur.


Summaries of

People v. Charles

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1995
212 A.D.2d 541 (N.Y. App. Div. 1995)
Case details for

People v. Charles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHERWIN CHARLES…

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

Date published: Feb 6, 1995

Citations

212 A.D.2d 541 (N.Y. App. Div. 1995)
622 N.Y.S.2d 329

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