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PEOPLE v. LOPEZ

157 A.D.2d 527 (1990)

The People of the State of New York, Respondent, v. Fernando Lopez, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 16, 1990

Viewing the evidence in a light most favorable to the People, defendant's guilt was proven beyond a reasonable doubt. The evidence was sufficient to demonstrate that defendant constructively possessed the cocaine under the statutory presumption of Penal Law § 220.25 (2). The charge on reasonable doubt, constructive possession, and the statutory presumption of possession gave the jury the proper standard with which to evaluate...

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