Opinion
Argued November 18, 1971
Decided December 1, 1971
Appeal from the Monroe County Court, JAMES F. SHEEHAN, J.
Leslie A. Bradshaw for appellant.
Jack B. Lazarus, District Attorney ( Edward J. Spires of counsel), for respondent.
Order reversed and the complaint dismissed in the following memorandum: The order appealed from should be reversed and the complaint dismissed upon the ground that the guilt of defendant was not established beyond a reasonable doubt, the proof offered in support of an inference of defendant's possession or control of the apartment falling far short of the standard necessary to establish his constructive possession of the narcotics paraphernalia found there. (See People v. Perry, 2 N.Y.2d 785; People v. Leavitt, 301 N.Y. 113; People v. Schriber, 34 A.D.2d 852, affd. 29 N.Y.2d 780; United States v. Romano, 382 U.S. 136.)
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.