PEOPLE v. MARTE


14 A.D.3d 408 (2005)

787 N.Y.S.2d 656

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JENNY MARTE, Appellant.

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

January 18, 2005.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence warranted the inference of defendant's guilt under the drug factory presumption (see Penal Law § 220.25 [2]). The evidence also warranted the inference that defendant was a participant in a drug-selling operation conducted out of an apartment, and thus was in constructive possession of the contraband found at that location (see People v Bundy,<...

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