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PEOPLE v. JENNINGS

No. 256 SSM 11.

22 N.Y.3d 1001 (2013)

3 N.E.3d 709

980 N.Y.S.2d 372

2013 NY Slip Op 8197

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROOSEVELT JENNINGS, Appellant.

Court of Appeals of New York.

Decided December 10, 2013.

Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( Natalie Rea of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Marie John-Drigo of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be affirmed.

On appeal, defendant argues that the accusatory instrument, which alleged attempted criminal possession of a controlled substance in the seventh degree, was facially insufficient to show his knowledge of the controlled substance's presence. However, knowledge of possession of a controlled substance "may be proven circumstantially...

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