People v. Elwadi

Appellate Division of the Supreme Court of New York

People v. Elwadi

231 A.D.2d 935, 647 N.Y.S.2d 636, 1996 N.Y. App. Div. LEXIS 10851

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

DecidedSeptember 27, 1996

StatusPublished

This text of 231 A.D.2d 935 (People v. Elwadi) 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. Elwadi, 231 A.D.2d 935, 647 N.Y.S.2d 636, 1996 N.Y. App. Div. LEXIS 10851 (N.Y. Ct. App. 1996).

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Opinion

Judgment unanimously affirmed. Memorandum: We reject the argument of defendant that the evidence is insufficient to support a determination that he had knowledge of the weight of the controlled substance in his possession. The arresting officer testified that defendant removed a plastic bag about the size of a baseball from his pants pocket, held it in his hand, and then threw it over a fence. Defendant was convicted under an aggregate weight statute and his knowledge of the weight of the substance may be inferred from his handling of it (see, People v Sanchez, 86 NY2d 27, 33; People v Ryan, 82 NY2d 497, 505; People v Dillon, 207 AD2d 793, 796, affd 87 NY2d 885). The verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). (Appeal from Judgment of Monroe County Court, Connell, J.—Criminal Possession Controlled Substance, 1st Degree.) Present—Lawton, J. P., Fallon, Callahan, Doerr and Balio, JJ.

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Judgment unanimously affirmed. Memorandum: We reject the argument of defendant that the evidence is insufficient to support a determination that he had knowledge of the weight of the controlled substance in his possession. The arresting officer testified that defendant removed a plastic bag about the size of a baseball from his pants pocket, held it in his hand, and then threw it over a fence. Defendant was convicted under an aggregate weight statute and his knowledge of the weight of the substance may be inferred from his handling of it (see, People v Sanchez, 86 NY2d 27, 33; People v Ryan, 82 NY2d 497, 505; People v Dillon, 207 AD2d 793, 796, affd 87 NY2d 885). The verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). (Appeal from Judgment of Monroe County Court, Connell, J.—Criminal Possession Controlled Substance, 1st Degree.) Present—Lawton, J. P., Fallon, Callahan, Doerr and Balio, JJ.

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Bluebook (online)

231 A.D.2d 935, 647 N.Y.S.2d 636, 1996 N.Y. App. Div. LEXIS 10851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-elwadi-nyappdiv-1996.

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