PEOPLE v. SMALLING

No. 43.

29 N.Y.3d 981 (2017)

75 N.E.3d 665

53 N.Y.S.3d 248

2017 NY Slip Op 03442

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMAR A. SMALLING, Appellant.

Court of Appeals of New York.

Decided May 2, 2017.


Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Jenin Younes of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( Jill A. Gross-Marks , Robert J. Masters and John M. Castellano of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Although we reject defendant's contention that the evidence presented at trial did not support a charge of constructive possession, we nevertheless conclude that defendant is entitled to a new trial. The trial court erred in that it agreed to the People's request at the charge conference not to charge the jury on constructive possession...

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