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PEOPLE v. ACOSTA

80 N.Y.2d 665 (1993)

The People of the State of New York, Appellant, v. Andre Acosta, Respondent.

Court of Appeals of the State of New York.

Decided February 16, 1993.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Eleanor J. Ostrow and James M. McGuire of counsel), for appellant.

Mahler & Harris, P. C., Kew Gardens (Stephen R. Mahler of counsel), for respondent.

Acting Chief Judge SIMONS and Judges TITONE and BELLACOSA concur with Judge KAYE; Judge SMITH dissents and votes to affirm in a separate opinion in which Judge HANCOCK, JR., concurs.

KAYE, J.

A person who, with intent to possess cocaine, orders from a supplier, admits a courier into his or her home, examines the drugs and ultimately rejects them because of perceived defects in quality, has attempted to possess cocaine within the meaning of the Penal Law. As the evidence was legally sufficient to establish this sequence of events, we reinstate defendant's conviction of attempted criminal possession...

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