PEOPLE v. MORENO


58 A.D.3d 516 (2009)

871 N.Y.S.2d 126

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN VERA MORENO, Appellant.

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

January 20, 2009.


Although defendant was in Texas during the relevant events, we reject his contention that the evidence was legally insufficient to establish that he possessed in New York the 417 kilograms of cocaine. The evidence established that the undercover agent actually possessed the cocaine in New York, i.e., that the undercover agent had "engage[d] in conduct which constitutes [the] offense" (Penal Law § 20.00) of criminal possession of a controlled substance in the first degree...

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