PEOPLE v. MOJICA

4270, 4461/07.

81 A.D.3d 506 (2011)

916 N.Y.S.2d 587

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTORIA MOJICA, Appellant.

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

Decided February 17, 2011.


The verdict was based on legally sufficient evidence. Moreover, we find that there was overwhelming evidence that defendant was a possessor of the drugs and paraphernalia found in her apartment during the execution of a search warrant in her presence. Most of the contraband was in the refrigerator and other locations in the kitchen likely to be used by defendant in daily life. The evidence warrants the conclusion that defendant exercised dominion and control, at least jointly...

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