People v. Boyd

• Decision Date: 23 December 2016
• Citation: 2016 N.Y. Slip Op. 08646,43 N.Y.S.3d 641,145 A.D.3d 1481
• Parties: The PEOPLE of the State of New York, Respondent, v. Kenneth L. BOYD, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

145 A.D.3d 1481

43 N.Y.S.3d 641

2016 N.Y. Slip Op. 08646

The PEOPLE of the State of New York, Respondent,

v.Kenneth L. BOYD, Defendant–Appellant.

Supreme Court, Appellate Division, Fourth Department, New York.

Dec. 23, 2016.

Timothy P. Donaher, Public Defender, Rochester, Sullivan & Cromwell LLP, New York City (John G. McCarthy of Counsel), for Defendant–Appellant.

Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for Respondent.

PRESENT: CARNI, J.P., DeJOSEPH, NEMOYER, TROUTMAN, AND SCUDDER, JJ.

MEMORANDUM:

Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ), criminal possession of a controlled substance in the third degree (§ 220.16[1] ), and two counts each of criminal possession of a weapon in the third degree (§ 265.02[1], [3] ), and criminally using drug paraphernalia in the second degree (§ 220.50[2], [3] ).

Defendant's conviction arises from an incident that occurred when police officers were conducting surveillance of a house following a shooting unrelated to this incident. An officer observed defendant entering the house with "a heavy object inside of his pocket ... that he was holding onto." About an hour later, another officer confronted defendant and others as they exited the house. When asked to explain his presence at the house, defendant told the officer, "I live here." While the officer began to detain one of defendant's companions, defendant reentered the house for "about five or ten seconds." The officers thereafter obtained a search warrant, and, during the ensuing search of the house, they found a .40 caliber handgun hidden under a chair near the entrance to the house. In addition, the officers found cocaine, plastic baggies, razors, and a digital scale of a kind used in narcotics trafficking. Some of the drugs and drug paraphernalia were found on the same shelves or in the same cabinets as documents bearing defendant's name, including a tax document listing the address of the house as defendant's address.

Contrary to defendant's contention, we conclude that his conviction of criminal possession of a weapon in the second degree and two counts of criminal possession of a weapon in the third degree is supported by legally sufficient evidence inasmuch as the People established that he had constructive possession of the gun. It is well established that, in reviewing the legal sufficiency of the evidence, we must "determine whether any valid line of reasoning and permissible inferences could lead a rational person to the conclusion reached by the [factfinder] on the basis of the evidence at trial, viewed in the light most favorable to the People" (People v. Williams, 84 N.Y.2d 925, 926, 620 N.Y.S.2d 811, 644 N.E.2d 1367 ). "To meet their burden of proving defendant's constructive possession of the [gun], the People had to establish that defendant exercised dominion or control over [the gun] by a sufficient level of control over the area in which [it was] found" (People v. Lawrence, 141 A.D.3d 1079, 1082, 34 N.Y.S.3d 827 [internal quotation marks omitted]; see Penal Law § 10.00[8] ). Defendant contends that there is legally insufficient evidence of constructive possession because other people had access to the area where the gun was found. We reject that contention inasmuch as it is not necessary to establish that defendant had " exclusive access" to the area (People v. Nichol, 121 A.D.3d 1174, 1177, 994 N.Y.S.2d 691, lv. denied 25 N.Y.3d 1205, 16 N.Y.S.3d 527, 37 N.E.3d 1170 ), and "several individuals may constructively possess an object simultaneously, provided each individual exercises dominion and control over the object or the area in which the object is located" (People v. Smith, 215 A.D.2d 940, 941, 628 N.Y.S.2d 190, lv. denied 86 N.Y.2d 802, 632 N.Y.S.2d 516, 656 N.E.2d 615 ; see generally People v. Torres, 68 N.Y.2d 677, 679, 505 N.Y.S.2d 595, 496 N.E.2d 684 ). Moreover, although a defendant's "mere presence" in the location where contraband is found "is not sufficient to establish that he exercised such dominion and control as to establish constructive possession" (People v. Diallo, 137 A.D.3d 1681, 1682, 27 N.Y.S.3d 778 [...