PEOPLE v. DIAZ

332, 3727/05

68 A.D.3d 642 (2009)

2009 NY Slip Op 9693

894 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID DIAZ, Appellant.

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

Decided December 29, 2009.


Defendant was convicted of criminal possession of a controlled substance in the second degree after 253 packets of crack cocaine worth $3,000 were found in a hidden compartment of a minivan that was driven, but not owned, by defendant. The People prosecuted on a theory of constructive possession. We find that the evidence was legally sufficient to establish beyond a reasonable doubt that defendant knowingly and unlawfully possessed crack cocaine and that the crack cocaine...

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