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People v. Headley

Court of Appeals of the State of New York
Oct 12, 1989
74 N.Y.2d 858 (N.Y. 1989)

Opinion

Argued September 13, 1989

Decided October 12, 1989

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Philip J. Chetta, J.

John J. Santucci, District Attorney (Emil Bricker of counsel), for appellant.

Respondent precluded.


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). 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.


Summaries of

People v. Headley

Court of Appeals of the State of New York
Oct 12, 1989
74 N.Y.2d 858 (N.Y. 1989)
Case details for

People v. Headley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GRAFTON HEADLEY…

Court:Court of Appeals of the State of New York

Date published: Oct 12, 1989

Citations

74 N.Y.2d 858 (N.Y. 1989)
547 N.Y.S.2d 827
547 N.E.2d 82

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