People v. Bernard

1 Citing case

  1. People v. Fineout

    139 A.D.3d 1394 (N.Y. App. Div. 2016)   Cited 3 times
    In Fineout there was no reasonable possibility that failing to disclose that a witness had been offered consideration to induce his testimony against the defendant would impact the verdict because there was overwhelming evidence of defendant's guilt and "the verdict did not turn solely or even predominantly on the testimony" of the witness (Fineout at 1395-1396).

    at defendant, who was discovered sleeping on the couch in the subject apartment, had constructive possession of the drugs and paraphernalia, i.e., that he exercised dominion and control over the area in which the contraband was found (see generally People v. Farmer, 136 A.D.3d 1410, 1411, 25 N.Y.S.3d 505 ). Indeed, there was evidence that defendant resided at the apartment, had a significant role in facilitating drug activity for one of the individuals under investigation, conducted drug transactions out of the apartment and was arranging a sale on his cell phone just prior to his arrest, and was entrusted to remain alone in the apartment containing large amounts of various drugs, packing materials, and other equipment, much of which was in plain view, as well as a significant amount of money (see People v. Bundy, 90 N.Y.2d 918, 920, 663 N.Y.S.2d 837, 686 N.E.2d 496 ; People v. Doleo, 261 A.D.2d 194, 195, 691 N.Y.S.2d 389, lv. denied 93 N.Y.2d 1017, 697 N.Y.S.2d 576, 719 N.E.2d 937 ; People v. Bernard, 237 A.D.2d 210, 210, 655 N.Y.S.2d 931, lv. denied 90 N.Y.2d 855, 661 N.Y.S.2d 182, 683 N.E.2d 1056 ; see also People v. McLeod, 281 A.D.2d 746, 747, 722 N.Y.S.2d 114, lv. denied 96 N.Y.2d 921, 732 N.Y.S.2d 638, 758 N.E.2d 664 ). Inasmuch as the overwhelming evidence of defendant's guilt was established by the testimony of other witnesses, the verdict did not turn solely or even predominately on the testimony of the subject witness (see People v. Johnson, 107 A.D.3d 1161, 1166, 967 N.Y.S.2d 217, lv. denied 21 N.Y.3d 1075, 974 N.Y.S.2d 324, 997 N.E.2d 149 ; People v. Phillips, 55 A.D.3d 1145, 1149, 865 N.Y.S.2d 787, lv. denied 11 N.Y.3d 899, 873 N.Y.S.2d 275, 901 N.E.2d 769 ; People v. Tutt, 305 A.D.2d 987, 987, 758 N.Y.S.2d 570, lv. denied 100 N.Y.2d 588, 764 N.Y.S.2d 399, 796 N.E.2d 491 ).