PEOPLE v. MANINI


79 N.Y.2d 561 (1992)

The People of the State of New York, Appellant, v. Jaime Manini, Respondent. The People of the State of New York, Appellant, v. Carlos Fuente, Respondent.

Court of Appeals of the State of New York.

Decided March 31, 1992.


Attorney(s) appearing for the Case

Steven Chananie, Ronald Goldstock and Carol Antonacci for appellant in the first above-entitled action.

James Kousouros and Debra Kay Kousouros for respondent in the first above-entitled action.

Steven Chananie and Ronald Goldstock for appellant in the second above-entitled action.

John A. Cirando, Patrick J. Haber and Ivette C. Iza for respondent in the second above-entitled action.

Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SIMONS taking no part.


ALEXANDER, J.

In these cases, we consider the extent to which the principles of accessorial liability and constructive possession may support a finding that evidence presented to a Grand Jury is legally sufficient to establish a prima facie case of criminal possession of a controlled substance. In both cases the trial court's dismissal of counts of the indictments charging criminal possession of a controlled...

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