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People v. Ortiz

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 573 (N.Y. App. Div. 1991)

Opinion

January 24, 1991

Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).


Defendant was arrested after police searched her apartment pursuant to a warrant. In excess of one-half ounce of cocaine, quantities of marihuana and heroin, and various drug paraphernalia, including crack vials, crack pipes, scales, glassine envelopes, large sums of cash, and other items were discovered.

Viewing the evidence in a light most favorable to the People (People v Contes, 60 N.Y.2d 620), defendant's guilt was established beyond a reasonable doubt by overwhelming evidence. Although defendant's boyfriend attempted to exculpate her, claiming that everything belonged to him, defendant resided in the apartment, not the boyfriend, and most of the contraband was found in her bedroom and in articles of clothing. Since the narcotics were found in premises under her control, it may be inferred that defendant had both knowledge and control of the narcotics (People v Reisman, 29 N.Y.2d 278, cert denied 405 U.S. 1041).

Nor do we find any infirmity in the manner in which the cocaine was tested by the police chemist.

Concur — Carro, J.P., Ellerin, Kupferman, Kassal and Rubin, JJ.


Summaries of

People v. Ortiz

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 573 (N.Y. App. Div. 1991)
Case details for

People v. Ortiz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SOL ORTIZ, Appellant

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

Date published: Jan 24, 1991

Citations

169 A.D.2d 573 (N.Y. App. Div. 1991)
564 N.Y.S.2d 736

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