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People v. Cohen

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 356 (N.Y. App. Div. 2000)

Opinion

Argued February 8, 2000

March 17, 2000

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered May 28, 1997, convicting him of criminal possession of a controlled substance in the first degree, criminal possession of a controlled substance in the third degree, criminal possession of a weapon in the third degree (two counts), criminal possession of a weapon in the fourth degree (three counts), criminal possession of marihuana in the fourth degree, and criminally using drug paraphernalia in the second degree (two counts), after a nonjury trial, and imposing sentence.

Deveraux L. Cannick, Maspeth, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and James A. Dolan of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, MYRIAM J. ALTMAN, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contentions, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that he constructively possessed controlled substances and drug paraphernalia (see, CPL 470.15 Crim. Proc.[5]; People v. Johnson, 209 A.D.2d 721; see also, People v. Headley, 143 A.D.2d 937, affd 74 N.Y.2d 858; People v. Dawkins, 136 A.D.2d 726).

The defendant's remaining contentions do not require reversal.

BRACKEN, J.P., RITTER, ALTMAN, and McGINITY, JJ., concur.


Summaries of

People v. Cohen

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 356 (N.Y. App. Div. 2000)
Case details for

People v. Cohen

Case Details

Full title:THE PEOPLE, etc., respondent, v. TORREY COHEN, Appellant. (Ind. No…

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

Date published: Mar 17, 2000

Citations

270 A.D.2d 356 (N.Y. App. Div. 2000)
704 N.Y.S.2d 875