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People v. Headley

547 N.E.2d 82, 74 N.Y.2d 858, 547 N.Y.S.2d 827, 1989 N.Y. LEXIS 2985
CourtNew York Court of Appeals
DecidedOctober 12, 1989
StatusPublished
Cited by35 cases

This text of 547 N.E.2d 82 (People v. Headley) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Headley, 547 N.E.2d 82, 74 N.Y.2d 858, 547 N.Y.S.2d 827, 1989 N.Y. LEXIS 2985 (N.Y. 1989).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree that the People’s evidence was legally insufficient to establish defendant’s constructive possession of either the narcotics or weapons found in the apartment where defendant was arrested, and that the trial order of dismissal was therefore properly granted (CPL 290.10 [1]). The People presented no evidence of defendant’s dominion and control over the contraband. Proof that the premises were used for drug dealing was not sufficient to establish that defendant himself was guilty of unlawful drug and weapons possession.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

Order affirmed in a memorandum.

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Bluebook (online)
547 N.E.2d 82, 74 N.Y.2d 858, 547 N.Y.S.2d 827, 1989 N.Y. LEXIS 2985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-headley-ny-1989.