PEOPLE v. PEARSON


75 N.Y.2d 1001 (1990)

The People of the State of New York, Respondent, v. Dwayne Pearson, Appellant.

Court of Appeals of the State of New York.

Decided May 10, 1990.


Attorney(s) appearing for the Case

Richard S. Missan and Philip L. Weinstein for appellant.

John J. Santucci, District Attorney (Howard Meshnick of counsel), for respondent.

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


MEMORANDUM.

The order of the Appellate Division should be modified. Defendant's convictions on the first and third counts for criminal possession of a controlled substance and the sentence thereon should be vacated and those counts dismissed. The order should be otherwise affirmed.

The People's evidence was legally insufficient to establish defendant's constructive possession of the cocaine found in the back room...

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