People v. Jones

4 Citing cases

  1. People v. Jones

    2021 N.Y. Slip Op. 97745 (N.Y. 2021)

    Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 4th Dept: 192 A.D.3d 1656 (Erie)

  2. People v. Barthel

    No. 2021-04834 (N.Y. App. Div. Aug. 26, 2021)

    Contrary to the People's intimation, the absence of a formal constructive possession instruction at this bench trial does not preclude us from upholding defendant's CPW conviction on a constructive possession theory. "Trial judges... 'are presumed to know the law and to apply it in making their decisions'" (People v Stewartson, 63 A.D.3d 966, 967 [2d Dept 2009], lv denied 13 N.Y.3d 749 [2009], quoting Lambrix v Singletary, 520 U.S. 518, 532 n 4 [1997]; see People v Chestnut, 19 N.Y.3d 606, 611 n 2 [2012]); thus, when the judgment on appeal was rendered at a bench trial, the Appellate Division exercises its unique factual review power (see CPL 470.15 [5]) by independently weighing the evidence in light of the challenged elements of the crime as defined by law (see People v Jones, 192 A.D.3d 1656, 1657 [4th Dept 2021], lv denied 37 N.Y.3d 957 [2021]; People v Ponder, 191 A.D.3d 1409, 1410 [4th Dept 2021]; People v Holes, 118 A.D.3d 1466, 1467-1468 [4th Dept 2014]; see generally People v Delamota, 18 N.Y.3d 107, 116-117 [2011]; People v Danielson, 9 N.Y.3d 342, 349 [2007]). The doctrine of constructive possession, in turn, is part of the statutory definition of the possessory element at issue in this appeal (see Penal Law § 10.00 [8]).

  3. People v. Barthel

    199 A.D.3d 32 (N.Y. App. Div. 2021)   Cited 7 times

    Contrary to the People's intimation, the absence of a formal constructive possession instruction at this bench trial does not preclude us from upholding defendant's CPW conviction on a constructive possession theory. "Trial judges ... ‘are presumed to know the law and to apply it in making their decisions’ " ( People v. Stewartson , 63 A.D.3d 966, 967, 883 N.Y.S.2d 51 [2d Dept. 2009], lv denied 13 N.Y.3d 749, 886 N.Y.S.2d 103, 914 N.E.2d 1021 [2009], quoting Lambrix v. Singletary , 520 U.S. 518, 532 n. 4, 117 S.Ct. 1517, 137 L.Ed.2d 771 [1997] ; seePeople v. Chestnut , 19 N.Y.3d 606, 611 n. 2, 950 N.Y.S.2d 287, 973 N.E.2d 697 [2012] ); thus, when the judgment on appeal was rendered at a bench trial, the Appellate Division exercises its unique factual review power (see CPL 470.15 [5] ) by independently weighing the evidence in light of the challenged elements of the crime as defined by law (seePeople v. Jones , 192 A.D.3d 1656, 1657, 144 N.Y.S.3d 276 [4th Dept. 2021], lv denied 37 N.Y.3d 957, 147 N.Y.S.3d 505, 170 N.E.3d 379 [2021] ; People v. Ponder , 191 A.D.3d 1409, 1410, 141 N.Y.S.3d 618 [4th Dept. 2021] ; People v. Holes , 118 A.D.3d 1466, 1467-1468, 988 N.Y.S.2d 375 [4th Dept. 2014] ; see generallyPeople v. Delamota , 18 N.Y.3d 107, 116-117, 936 N.Y.S.2d 614, 960 N.E.2d 383 [2011] ; People v. Danielson , 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The doctrine of constructive possession, in turn, is part of the statutory definition of the possessory element at issue in this appeal (see Penal Law § 10.00 [8] ).

  4. People v. Barthel

    2021 N.Y. Slip Op. 4834 (N.Y. Sup. Ct. 2021)

    Contrary to the People's intimation, the absence of a formal constructive possession instruction at this bench trial does not preclude us from upholding defendant's CPW conviction on a constructive possession theory. "Trial judges... 'are presumed to know the law and to apply it in making their decisions'" (People v Stewartson, 63 A.D.3d 966, 967 [2d Dept 2009], lv denied 13 N.Y.3d 749 [2009], quoting Lambrix v Singletary, 520 U.S. 518, 532 n 4 [1997]; see People v Chestnut, 19 N.Y.3d 606, 611 n 2 [2012]); thus, when the judgment on appeal was rendered at a bench trial, the Appellate Division exercises its unique factual review power (see CPL 470.15 [5]) by independently weighing the evidence in light of the challenged elements of the crime as defined by law (see People v Jones, 192 A.D.3d 1656, 1657 [4th Dept 2021], lv denied 37 N.Y.3d 957 [2021]; People v Ponder, 191 A.D.3d 1409, 1410 [4th Dept 2021]; People v Holes, 118 A.D.3d 1466, 1467-1468 [4th Dept 2014]; see generally People v Delamota, 18 N.Y.3d 107, 116-117 [2011]; People v Danielson, 9 N.Y.3d 342, 349 [2007]). The doctrine of constructive possession, in turn, is part of the statutory definition of the possessory element at issue in this appeal (see Penal Law § 10.00 [8]).