Opinion
95 KA 20-01130
07-16-2021
The PEOPLE of the State of New York, Respondent, v. Rodney NEVINS, Defendant-Appellant.
SCOTT F. RIORDAN, AMHERST, FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.
SCOTT F. RIORDAN, AMHERST, FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, TROUTMAN, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him following a nonjury trial of, inter alia, criminal possession of a controlled substance in the third degree ( Penal Law § 220.16 [12] ) and two counts of criminally using drug paraphernalia in the second degree ( § 220.50 [2], [3] ), defendant contends that the evidence is legally insufficient to support the conviction and that the verdict is against the weight of the evidence. We reject those contentions.
Although defendant contends that the People failed to establish to a moral certainty that he possessed the drugs and drug paraphernalia found in a vehicle parked outside of his residence, it is well settled that, even though the trier of fact is "bound to consider the evidence in light of the statutory ‘moral certainty’ standard, the function of an appellate court reviewing the [sufficiency of the evidence] is limited to assessing whether the inference of wrongful intent logically flowed from the proven facts and whether any valid line of reasoning could lead a rational trier of fact, viewing the evidence in the light most favorable to the People, to conclude that the defendant committed the charged crime" ( People v. Norman , 85 N.Y.2d 609, 620, 627 N.Y.S.2d 302, 650 N.E.2d 1303 [1995] ; see People v. Chadick , 162 A.D.3d 1662, 1663, 79 N.Y.S.3d 443 [4th Dept. 2018], lv denied 32 N.Y.3d 1002, 86 N.Y.S.3d 761, 111 N.E.3d 1117 [2018] ).
"Where, as here, there is no evidence that defendant actually possessed the [drugs and drug paraphernalia], the People must establish that defendant exercised dominion or control over the property by a sufficient level of control over the area in which the contraband is found or over the person from whom the contraband is seized" ( People v. Pichardo , 34 A.D.3d 1223, 1224, 825 N.Y.S.2d 603 [4th Dept. 2006], lv denied 8 N.Y.3d 926, 834 N.Y.S.2d 516, 866 N.E.2d 462 [2007] [internal quotation marks omitted]; see People v. Manini , 79 N.Y.2d 561, 573-574, 584 N.Y.S.2d 282, 594 N.E.2d 563 [1992] ; People v. Mattison , 41 A.D.3d 1224, 1225, 837 N.Y.S.2d 464 [4th Dept. 2007], lv denied 9 N.Y.3d 924, 844 N.Y.S.2d 179, 875 N.E.2d 898 [2007] ). We conclude that there is a valid line of reasoning and permissible inferences to support County Court's conclusion that defendant had constructive possession of the drugs and paraphernalia found in the vehicle (see generally People v. Bleakley , 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). The keys to the vehicle were found next to defendant, who was alone in his residence. He admitted that the keys on the key chain were his "car keys," and his personal documents were found inside the vehicle in proximity to the contraband, which was in plain view (see People v. Velez , 78 A.D.3d 1522, 1522, 911 N.Y.S.2d 530 [4th Dept. 2010] ; Mattison , 41 A.D.3d at 1225, 837 N.Y.S.2d 464 ; cf. People v. Hunt , 185 A.D.3d 1531, 1532-1533, 127 N.Y.S.3d 674 [4th Dept. 2020] ).
We further conclude, after 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 [2007] ), that the verdict is not against the weight of the evidence (see generally Bleakley , 69 N.Y.2d at 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ).
We note that the certificate of conviction incorrectly reflects that defendant was sentenced to five years of postrelease supervision, and it must therefore be amended to reflect that he was sentenced to three years of postrelease supervision (see People v. Tumolo , 149 A.D.3d 1544, 1544, 52 N.Y.S.3d 787 [4th Dept. 2017], lv denied 29 N.Y.3d 1087, 64 N.Y.S.3d 177, 86 N.E.3d 264 [2017] ; People v. Smoke , 43 A.D.3d 1332, 1333, 843 N.Y.S.2d 875 [4th Dept. 2007], lv denied 9 N.Y.3d 1039, 852 N.Y.S.2d 24, 881 N.E.2d 1211 [2008] ).