PEOPLE v. BURNS


170 A.D.2d 690 (1991)

The People of the State of New York, Respondent, v. James Burns, Appellant

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

February 25, 1991


Ordered that the judgment is affirmed.

The defendant contends that the evidence was legally insufficient to support his conviction for criminal possession of a controlled substance in the third degree because there was no showing that he had dominion and control over the narcotics seized. However, this issue is not preserved for appellate review since the defendant failed to advance it before the trial court in support of his motion to dismiss the indictment at the...

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