People v. Jackson

1 Citing case

  1. People v. Davis

    95 Misc. 2d 1010 (N.Y. Misc. 1978)   Cited 7 times

    Legions of cases hold that drugs corpuses may be proved circumstantially, as to nature and amount, despite destruction (People v Reed, 44 N.Y.2d 799; Blanchard v United States, 360 F.2d 318), absence (People v Peluso, 29 N.Y.2d 605) or consumption in analysis (United States v Adelman, 107 F.2d 497; United States v Haynes, 398 F.2d 980, cert den 393 U.S. 1120). Where the substance is entirely consumed not in the lab but by the user himself, the corpus is not necessarily lost, if it can be established circumstantially, without scientific analysis (People v Kenny, 30 N.Y.2d 154; People v Jackson, 28 N.Y.2d 757). In People v Pasquarello ( 282 App. Div. 405, affd 306 N.Y. 759), the court affirmed a heroin sale conviction for furnishing heroin to an 18-year-old youth.