From Casetext: Smarter Legal Research

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 1989
147 A.D.2d 665 (N.Y. App. Div. 1989)

Opinion

February 21, 1989

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


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, and viewing the evidence in the light most favorable to the People (People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish that the defendant was in constructive possession of the controlled substances found in open view on a table next to the defendant in an apartment of which he was the sole occupant (see, People v Hamilton, 56 N.Y.2d 632). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15; People v Dawkins, 136 A.D.2d 726). The defendant's assertion that he had no knowledge of the existence of these items is less than persuasive. Mangano, J.P., Brown, Eiber and Harwood, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 1989
147 A.D.2d 665 (N.Y. App. Div. 1989)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD SMITH, Appellant

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

Date published: Feb 21, 1989

Citations

147 A.D.2d 665 (N.Y. App. Div. 1989)

Citing Cases

People v. Whitehead

In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60…

Matter of Shuron

Other than the police, the appellant was the only person present in the apartment. Under the circumstances,…