People v. Crisantos

570 N.E.2d 843, 211 Ill. App. 3d 870, 156 Ill. Dec. 367, 1991 Ill. App. LEXIS 463
CourtAppellate Court of Illinois
DecidedMarch 28, 1991
DocketNo. 1—88—2418
StatusPublished
Cited by3 cases

This text of 570 N.E.2d 843 (People v. Crisantos) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Crisantos, 570 N.E.2d 843, 211 Ill. App. 3d 870, 156 Ill. Dec. 367, 1991 Ill. App. LEXIS 463 (Ill. Ct. App. 1991).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

After a jury trial defendant, Liborio Crisantos, was found guilty of possession with intent to deliver a controlled substance. (Ill. Rev. Stat. 1987, ch. 56½, par. 1402.) Defendant was sentenced to a term of six years to be served in the Illinois Department of Corrections.

Defendant appeals, seeking reversal of his conviction or, in the alternative, reversal of his conviction and remand of the cause for a new trial. Defendant raises the following issues for our review: (1) whether the State proved his guilt beyond a reasonable doubt; (2) whether he was denied a fair trial when certain of the State’s witnesses allegedly made negative insinuations regarding Hispanic persons; and (3) whether the trial court erred in giving the jury an instruction on both actual and constructive possession of a controlled substance.

We affirm.

At trial, the evidence established that on October 5, 1987, at approximately 2:30 p.m., four members of the Chicago police force’s organized crime division, narcotics section, were performing a surveillance of the Latin Lounge. The lounge is located at 2528 Lincoln Avenue in Chicago. The surveillance was conducted from an undercover van which was located 150 feet to 200 feet south of the lounge. Chicago police officers Ricardo Abreu and Frank Goff testified that they observed the owner of the lounge, Vitine Santiago, come out of the lounge on at least two occasions and look along Lincoln Avenue in a northerly direction.

At approximately 2:45 p.m., the officers observed a man, identified as defendant, walking in a southerly direction along Lincoln Avenue. Officer Goff testified that he did not “focus” on defendant until he walked into the lounge. Officer Abreu also testified that he saw defendant walking southbound on Lincoln Avenue. Both Officers Abreu and Goff testified that they observed defendant carrying a box. Shortly after the officers observed defendant enter the lounge, they executed a search warrant.

Officers Abreu, Goff, O’Connor, and Thomas then proceeded directly to the lounge and knocked on the door. The purpose of their presence was first announced in English and then Officer Abreu repeated the same information in Spanish. The officers observed defendant, through a glass door, rapidly walk toward the rear of the lounge.

Santiago, who was standing at the entrance, did not immediately open the door. It was only after the officers started to use force to gain entry into the premises that Santiago opened the door. Once inside the lounge, Officers Abreu and O'Connor walked toward the rear of the lounge. As the officers were walking, they observed defendant coming out of the rest room. Officer Abreu then seized defendant. Officer O’Connor went into the rest room, where he discovered the box that the officers had previously observed being carried by defendant. Three plastic bags containing 800 grams of cocaine were retrieved from the box.

Defendant was then arrested. In searching the rest of the lounge, the officers discovered a gun and $300 in cash. A triple beam scale, which is commonly used in weighing cocaine, was also found on the premises.

Defendant testified that he was employed by Santiago to do general maintenance work at the lounge. Defendant’s regular working hours were from noon until 7 p.m., when the lounge opens for business. He had been employed by Santiago for approximately three years.

According to defendant, on October 5, when the police arrived, he and Santiago were the only two people on the premises. The lounge was closed, and defendant was in the process of “moving” glasses from the back of the lounge to the front of the lounge. Santiago had previously told defendant not to open the door until he instructed him to do so. Defendant also testified that he was not in possession of the cocaine that had been confiscated by the police nor had he ever seen cocaine on the premises.

After hearing all of the evidence, defendant was found guilty and sentenced to six years’ imprisonment. It is from this decision that defendant appeals.

The first issue defendant raises is whether the State proved beyond a reasonable doubt that he had either actual or constructive possession of the seized cocaine. Defendant argues that the State’s case was based upon the testimony of Officers Abreu and Goff, which was of “dubious trustworthiness” and insufficient to show that he was in actual possession of the cocaine.

Defendant contends that the officers’ vantage point in the van would not have allowed them to positively identify him as the person who entered the lounge carrying the box and that Officer Goff did not “focus” on the person carrying the box in question. Moreover, defendant argues, on the day in question, he did not leave the lounge prior to the officers’ arrival.

Initially, we note that the police officers’ testimony regarding defendant’s activities on October 5 differs from defendant’s version of the events. As the jury found defendant guilty, it is evident that the officers’ testimony proved to be more credible. Credibility determinations are exclusively within the province of the jury. (People v. Collins (1985), 106 Ill. 2d 237, 261-62.) A court of review will not substitute its judgment for that of the trier of fact where the evidence is conflicting; “[i]t [is] the jury’s responsibility to resolve contradictory evidence and factual disputes and weigh the credibility of the witnesses.” (People v. Kubat (1983), 94 Ill. 2d 437, 468.) We, therefore, defer to the findings of the trier of fact with respect to the weight given to defendant’s testimony.

Defendant’s claim that the undercover van was parked too far away from the lounge to allow the officers to positively identify him is without merit. The van was equipped with special surveillance equipment to view street activities within radius of the lounge. The fact that Officer Goff testified that he did not “focus” on defendant as he was walking down Lincoln Avenue is not fatal to the State’s case, as Officer Abreu did observe defendant walking down the street with the box. Moreover, as the State contends, Officer Goff’s observation of defendant's clothing and physical characteristics enabled him to identify defendant as the person he saw carrying the box.

We find defendant’s contention that the State had not proved that he was in actual or constructive possession of the cocaine to be without merit. Defendant reasons that he was merely an employee on the premises when the police arrived and that the State did not present evidence that he possessed the contraband or even knew that cocaine was in the lounge.

In order to support a conviction for the unlawful possession of a controlled substance, the State must prove that the defendant had knowledge of the presence of the controlled substance and that the substance was in his immediate and exclusive control. (People v. Ortiz (1980), 91 Ill. App. 3d 466, 470.) The elements of possession or knowledge are both questions of fact which must be determined by the jury (Ortiz, 91 Ill. App. 3d at 471), and are rarely susceptible to direct proof (People v. Embry (1960), 20 Ill. 2d 331, 334). This is because drug trafficking is conducted with the “utmost secrecy and care.” People v. Nettles (1961), 23 Ill. 2d 306, 308.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Greenberger, Krauss & Tenenbaum v. Catalfo
687 N.E.2d 153 (Appellate Court of Illinois, 1997)
Grames v. Illinois State Police
625 N.E.2d 945 (Appellate Court of Illinois, 1993)
People v. Feazell
618 N.E.2d 571 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
570 N.E.2d 843, 211 Ill. App. 3d 870, 156 Ill. Dec. 367, 1991 Ill. App. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-crisantos-illappct-1991.