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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1993
194 A.D.2d 634 (N.Y. App. Div. 1993)

Opinion

June 7, 1993

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


Ordered that the judgment is affirmed.

Since the pretrial encounter between one of the police officers and the defendant was not a police arranged confrontation but rather a mere happenstance unoccasioned by law enforcement officials, suppression of the officer's identification testimony was properly denied (see, People v. Logan, 25 N.Y.2d 184, 193, cert denied 369 U.S. 1020; People v. Boyd, 161 A.D.2d 719; People v. Decker, 134 A.D.2d 511; People v. Bookhart, 117 A.D.2d 739).

Under the circumstances of this case, we find that the trial court was correct in applying the statutory presumption of possession pursuant to Penal Law § 220.25 (2) as the jury could reasonably conclude that the defendant, who was apprehended in the living room, was in close proximity to the narcotics found in open view in the bedroom and that the narcotics were being packaged for future distribution (see, People v. Riddick, 159 A.D.2d 596; People v. Garcia, 156 A.D.2d 710; People v. Alexander, 152 A.D.2d 587; People v. Shakes, 150 A.D.2d 401).

We have considered the defendant's remaining contentions and find them to be without merit. Sullivan, J.P., Eiber, O'Brien and Pizzuto, JJ., concur.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1993
194 A.D.2d 634 (N.Y. App. Div. 1993)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO RODRIGUEZ…

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

Date published: Jun 7, 1993

Citations

194 A.D.2d 634 (N.Y. App. Div. 1993)
599 N.Y.S.2d 46

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