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People v. Lovett

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 1994
200 A.D.2d 421 (N.Y. App. Div. 1994)

Opinion

January 11, 1994

Appeal from the Supreme Court, New York County (Bernard Fried, J.).


Viewed in the light most favorable to the prosecution (People v. Contes, 60 N.Y.2d 620), the evidence that the arresting officers recovered 196 glassine envelopes of heroin from the front seat and floor of the car defendant was driving was legally sufficient to establish defendant's guilt beyond a reasonable doubt (see, People v. Woolridge, 192 A.D.2d 686; People v. Warrington, 192 A.D.2d 735). That a passenger in the car pleaded guilty to possession of this heroin did not preclude a finding that defendant and the passenger possessed the heroin jointly (People v. Torres, 68 N.Y.2d 677, 679), and did not rebut the statutory presumption of possession (Penal Law § 220.25) on which the court relied.

We have considered defendant's other claims and find them to be without merit.

Concur — Carro, J.P., Ellerin, Kupferman and Ross, JJ.


Summaries of

People v. Lovett

Appellate Division of the Supreme Court of New York, First Department
Jan 11, 1994
200 A.D.2d 421 (N.Y. App. Div. 1994)
Case details for

People v. Lovett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADEEB LOVETT, Appellant

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

Date published: Jan 11, 1994

Citations

200 A.D.2d 421 (N.Y. App. Div. 1994)
606 N.Y.S.2d 218

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