People v. Cohen

Appellate Division of the Supreme Court of New York

People v. Cohen

270 A.D.2d 356, 704 N.Y.S.2d 875, 2000 N.Y. App. Div. LEXIS 2670

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 13, 2000

StatusPublished

This text of 270 A.D.2d 356 (People v. Cohen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cohen, 270 A.D.2d 356, 704 N.Y.S.2d 875, 2000 N.Y. App. Div. LEXIS 2670 (N.Y. Ct. App. 2000).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered May 28, 1997, convicting him of criminal possession of a controlled substance in the first degree, criminal possession of a controlled substance in the third degree, criminal possession of a weapon in the third degree (two counts), criminal possession of a weapon in the fourth degree (three counts), criminal possession of marihuana in the fourth degree, and criminally using drug paraphernalia in the second degree (two counts), after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, viewing the evi[357]*357dence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that he constructively possessed controlled substances and drug paraphernalia (see, CPL 470.15 [5]; People v Johnson, 209 AD2d 721; see also, People v Headley, 143 AD2d 937, affd 74 NY2d 858; People v Dawkins, 136 AD2d 726).

The defendant’s remaining contentions do not require reversal. Bracken, J. P., Ritter, Altman and McGinity, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered May 28, 1997, convicting him of criminal possession of a controlled substance in the first degree, criminal possession of a controlled substance in the third degree, criminal possession of a weapon in the third degree (two counts), criminal possession of a weapon in the fourth degree (three counts), criminal possession of marihuana in the fourth degree, and criminally using drug paraphernalia in the second degree (two counts), after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, viewing the evi[357]*357dence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that he constructively possessed controlled substances and drug paraphernalia (see, CPL 470.15 [5]; People v Johnson, 209 AD2d 721; see also, People v Headley, 143 AD2d 937, affd 74 NY2d 858; People v Dawkins, 136 AD2d 726).

The defendant’s remaining contentions do not require reversal. Bracken, J. P., Ritter, Altman and McGinity, JJ., concur.

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Bluebook (online)

270 A.D.2d 356, 704 N.Y.S.2d 875, 2000 N.Y. App. Div. LEXIS 2670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cohen-nyappdiv-2000.

Opinion

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