PEOPLE v. HEADLEY


74 N.Y.2d 858 (1989)

The People of the State of New York, Appellant, v. Grafton Headley, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 12, 1989.


Attorney(s) appearing for the Case

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

Respondent precluded.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


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...

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