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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1997
240 A.D.2d 675 (N.Y. App. Div. 1997)

Opinion

June 23, 1997

Appeal from the Supreme Court, Queens County (Schulman, J.).


Ordered that the order is affirmed.

Viewed in a light most favorable to the People, the evidence presented to the Grand Jury was insufficient to support a finding that the defendant exercised dominion and control over the areas where the cocaine, paraphernalia, and handgun giving rise to the charges at issue were seized ( see, People v. Manini, 79 N.Y.2d 561; People v. Scott, 206 A.D.2d 392; Penal Law § 10.00; CPL 70.10). Thus, the evidence was legally insufficient to support a finding that the defendant constructively possessed such items ( see, People v. Manini, supra; People v Scott, supra; People v. Garcia, 133 A.D.2d 123; People v. Sanabria, 73 A.D.2d 696). Rather, the evidence revealed only that the defendant, who was the girlfriend of the lessee of the apartment that was the subject of a search warrant, was merely present when the contraband was discovered ( see, People v. Manini, supra; People v. Scott, supra; People v. Sanabria, supra). Therefore, the indictment was properly dismissed.

Miller, J.P., Copertino, Sullivan and Altman, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 1997
240 A.D.2d 675 (N.Y. App. Div. 1997)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KIZZY BROWN, Respondent

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

Date published: Jun 23, 1997

Citations

240 A.D.2d 675 (N.Y. App. Div. 1997)
659 N.Y.S.2d 82

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