Opinion
12-31-2015
The PEOPLE of the State of New York, Respondent, v. Keith JACKSON, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (William G. Pixley of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Daniel Gross of Counsel), for Respondent.
Timothy P. Donaher, Public Defender, Rochester (William G. Pixley of Counsel), for Defendant–Appellant.
Sandra Doorley, District Attorney, Rochester (Daniel Gross of Counsel), for Respondent.
MEMORANDUM:Defendant appeals from a judgment convicting him following a nonjury trial of criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ), criminal possession of a weapon in the third degree (§ 265. 02[1] ), criminal possession of a weapon in the fourth degree (§ 265.01[4] ), and unlawful possession of marihuana (§ 221.05). The conviction resulted from the seizure, inter alia, of weapons and marihuana during the execution of a search warrant. Defendant and another man were present in the apartment when the warrant was executed.
Defendant contends that the verdict is against the weight of the evidence inasmuch as County Court failed to accord appropriate weight to the evidence that, when the police arrived at the apartment to execute the warrant, the other man was selling drugs while defendant was merely watching television. We reject that contention. Viewing the evidence in light of the elements of the crimes in this nonjury trial (see People v.
Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we conclude that the verdict is not against the weight of the evidence (see generally
People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). The People presented credible evidence that defendant " ‘had dominion and control over the area where the contraband was found’ " (People v. Shoga, 89 A.D.3d 1225, 1227, 933 N.Y.S.2d 126, lv. denied 18 N.Y.3d 886, 939 N.Y.S.2d 756, 963 N.E.2d 133 ). The fact that the other man also had access to the apartment did "not preclude a finding of constructive possession by defendant because possession may be joint" (People v. Archie, 78 A.D.3d 1560, 1561, 910 N.Y.S.2d 817, lv. denied 16 N.Y.3d 856, 923 N.Y.S.2d 418, 947 N.E.2d 1197 ). Thus, based on the weight of the credible evidence at trial, we conclude that the court was justified in finding defendant guilty beyond a reasonable doubt (see Danielson, 9 N.Y.3d at 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., PERADOTTO, CARNI, LINDLEY, and WHALEN, JJ., concur.