From Casetext: Smarter Legal Research

People v. Strong

Court of Appeals of the State of New York
Jun 9, 1977
42 N.Y.2d 868 (N.Y. 1977)

Opinion

Submitted May 3, 1977

Decided June 9, 1977

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, DAVID O. BOEHM, J.

Peter L. Yellin, Public Defender (Stephen G. Cheikes of counsel), for appellant.

Lawrence T. Kurlander, District Attorney (Michael Nelson of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted of the crime of criminally possessing a hypodermic instrument in violation of section 220.45 of the Penal Law. That section, in pertinent part, provides plainly and directly that "[a] person is guilty of criminally possessing a hypodermic instrument when he knowingly and unlawfully possesses or sells a hypodermic syringe or hypodermic needle." Pursuant to this statute, then, and aside from the question of unlawful and knowing possession, the jury must determine, not whether the hypodermic instrument was functional but, more simply, whether the item unlawfully possessed was, in fact, a hypodermic needle or syringe.

On the question of possession, here proved by circumstantial evidence, we need only note that the evidence was sufficient under the appropriate test (see People v Wachowicz, 22 N.Y.2d 369, 372) to sustain the conviction.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed in a memorandum.


Summaries of

People v. Strong

Court of Appeals of the State of New York
Jun 9, 1977
42 N.Y.2d 868 (N.Y. 1977)
Case details for

People v. Strong

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREEMAN STRONG…

Court:Court of Appeals of the State of New York

Date published: Jun 9, 1977

Citations

42 N.Y.2d 868 (N.Y. 1977)
397 N.Y.S.2d 779
366 N.E.2d 867

Citing Cases

People v. Santos

The trial court's statement that no evidence had been presented that the defendant had the legal authority to…

People v. Sacco

Therefore, once it is established that defendant exercised sufficient control over the premises, he may be…