PEOPLE v. GONZALEZ


220 A.D.2d 342 (1995)

633 N.Y.S.2d 22

The People of the State of New York, Appellant, v. Miguel Gonzalez, Respondent

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

October 26, 1995


Viewing the evidence before the Grand Jury in the light most favorable to the People (see, People v Jennings, 69 N.Y.2d 103, 115), and assuming that defendant had authority over the codefendant in connection with the sale of cocaine to the undercover officer, the proof was insufficient to show that defendant constructively possessed the single vial of cocaine recovered from codefendant...

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