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PEOPLE v. VASQUEZ

56 A.D.3d 378 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHANN VASQUEZ, Appellant.

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

Decided November 25, 2008.

The court properly declined to deliver a circumstantial evidence charge since the case against defendant did not rest exclusively on circumstantial evidence (see People v Daddona, 81 N.Y.2d 990, 992 [1993]). The police testimony as to defendant's presence in a car, in close proximity to a large quantity of drugs, constituted direct evidence. From this direct evidence, the jury could infer defendant's possession of the drugs on either...

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