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People v. Charriez

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1991
174 A.D.2d 380 (N.Y. App. Div. 1991)

Opinion

June 11, 1991

Appeal from the Supreme Court, New York County (Robert Haft, J.).


This prosecution arose out of a "buy and bust" operation in which an undercover officer purchased two glassine bags of heroin, with a specific logo, from co-defendant for $20 in buy bills. The undercover officer contacted the backup unit, and the arresting officer, moments later, saw the co-defendant hand money to defendant. At that moment, focusing on the co-defendant, the arresting officer directed the parties not to move. When defendant saw the officer, he dropped two glassine bags from his hand. Ten more glassine bags of heroin, the $20 in buy money, and a bag of cocaine were recovered from defendant himself.

Viewing the evidence in the light most favorable to the People, and giving due deference to the jury's findings of credibility (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932) defendant's guilt was proved beyond a reasonable doubt by overwhelming evidence under the standards set forth in People v Bleakley ( 69 N.Y.2d 490, 495). The circumstances of this case, including the quantity of drugs recovered from defendant, the proximity in time and place between the original sale, the apprehension of the co-defendant, and the arresting officer's observations, supported the inference that defendant possessed the contraband with intent to sell (People v Alvino, 71 N.Y.2d 233).

The contraband abandoned by defendant was properly seized (Horton v California, 496 U.S. 128, 110 S Ct 2301). In any event, this evidence would have supported stopping defendant when co-defendant was detained (see, People v Leung, 68 N.Y.2d 734). We have examined defendant's remaining contentions and find them to be meritless.

Concur — Rosenberger, J.P., Kupferman, Ross, Asch and Kassal, JJ.


Summaries of

People v. Charriez

Appellate Division of the Supreme Court of New York, First Department
Jun 11, 1991
174 A.D.2d 380 (N.Y. App. Div. 1991)
Case details for

People v. Charriez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CHARRIEZ…

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

Date published: Jun 11, 1991

Citations

174 A.D.2d 380 (N.Y. App. Div. 1991)
571 N.Y.S.2d 7

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