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PEOPLE v. RAMIREZ

No. 207 SSM 40

15 N.Y.3d 824 (2010)

935 N.E.2d 791

909 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTEO RAMIREZ, Appellant.

Court of Appeals of New York.

Decided September 16, 2010.

Attorney(s) appearing for the Case

Schlather, Stumbar, Parks & Salk, LLP, Ithaca ( Diane V. Bruns of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Grace Vee of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Contrary to defendant's argument, the Appellate Division properly concluded that the verdict was supported by legally sufficient evidence. Viewing the evidence in the light most favorable to the prosecution, a reasonable jury could have inferred that defendant constructively possessed the drugs and drug paraphernalia located in an apartment in which defendant...

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