People v. Durfey

• Decision Date: 14 March 2019
• Docket Number: 109165
• Parties: The PEOPLE of the State of New York, Respondent, v. Ryan M. DURFEY, Appellant.
• Court: New York Supreme Court — Appellate Division

170 A.D.3d 1331

95 N.Y.S.3d 473

The PEOPLE of the State of New York, Respondent,

v.Ryan M. DURFEY, Appellant.

109165

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

Calendar Date: January 14, 2019

Decided and Entered: March 14, 2019

Del Atwell, East Hampton, for appellant.

Weeden A. Wetmore, District Attorney, Elmira (William D. VanDelinder of counsel), for respondent.

Before: Garry, P.J., Egan Jr., Lynch, Clark and Pritzker, JJ.

MEMORANDUM AND ORDER

Pritzker, J.Appeals (1) from a judgment of the County Court of Chemung County (Rich Jr., J.), rendered January 27, 2017, upon a verdict convicting defendant of the crime of unlawful manufacture of methamphetamine in the third degree, and (2) from a judgment of said court, rendered April 14, 2017, which resentenced defendant.

Defendant was charged by indictment with unlawful manufacture of methamphetamine in the third degree stemming from an unrelated search of defendant's family barn during which a state trooper discovered several items that he believed to be associated with the manufacture of methamphetamine. Following a Huntley hearing and a jury trial, defendant was convicted as charged and ultimately sentenced to a prison term of 3½ years, followed by two years of postrelease supervision. Defendant now appeals.

Defendant contends that the verdict was not supported by legally sufficient evidence and was against the weight of the evidence in that the People failed to prove that he constructively possessed the contraband found in the barn. When reviewing a legal sufficiency claim, this Court views the evidence "in the light most favorable to the People and evaluate[s] whether there is any valid line of reasoning and permissible inferences which could lead a rational person to the conclusion reached by the jury on the basis of the evidence at trial and as a matter of law satisfy the proof and burden requirements for every element of the crime charged" ( People v. Haggray, 164 A.D.3d 1522, 1524, 83 N.Y.S.3d 374 [2018] [internal quotation marks and citations omitted], lv denied 32 N.Y.3d 1111, 91 N.Y.S.3d 363, 115 N.E.3d 635 [2018] ; see People v. Croley, 163 A.D.3d 1056, 1056, 80 N.Y.S.3d 534 [2018] ). A weight of the evidence review requires this Court to review all of the credible evidence and determine whether a different conclusion would not have been unreasonable (see People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ; People v. Briggs, 129 A.D.3d 1201, 1204, 13 N.Y.S.3d 255 [2015], lv denied 26 N.Y.3d 1038, 22 N.Y.S.3d 167, 43 N.E.3d 377 [2015] ). Where a different conclusion would not have been unreasonable, this Court must "weigh the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony" ( People v. Bleakley, 69 N.Y.2d at 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [internal quotation marks and citation omitted]; see People v. Thorpe, 141 A.D.3d 927, 929, 35 N.Y.S.3d 769 [2016], lv denied 28 N.Y.3d 1031, 45 N.Y.S.3d 383, 68 N.E.3d 112 [2016] ).

As relevant here, "[a] person is guilty of unlawful manufacture of methamphetamine in the third degree when he or she possesses at the same time and location, with intent to use, or knowing that another intends to use each such product to unlawfully manufacture, prepare or produce methamphetamine ... [t]wo or more items of laboratory equipment and two or more precursors, chemical reagents or solvents in any combination" ( Penal Law § 220.73[1] ). Where, like here, a defendant is not found to be in physical possession of any of the seized items, "the People have to establish that [the] defendant constructively possessed the items by showing that he [or she] exercised dominion or control over the property by a sufficient level of control over the area in which the contraband [was] found" ( People v. Alberts, 161 A.D.3d 1298, 1300, 77 N.Y.S.3d 207 [2018] [internal quotation marks and citation omitted], lv denied 31 N.Y.3d 1114, 81 N.Y.S.3d 374, 106 N.E.3d 757 [2018] ; see People v. Pinkney, 90 A.D.3d 1313, 1314, 935 N.Y.S.2d 374 [2011] ). To determine constructive possession, courts may consider "the defendant's proximity to the contraband, whether the defendant had keys to the location where the contraband was found, whether the contraband was in plain view ... and whether there is witness testimony that the contraband belonged to the defendant" ( People v. Maricle, 158 A.D.3d 984, 986, 71 N.Y.S.3d 211 [2018] ). "Exclusive access, however, is not required to sustain a finding of constructive possession" ( People v. Victor, 139 A.D.3d 1102, 1105, 31 N.Y.S.3d 257 [2016], lv denied 28 N.Y.3d 1076, 47 N.Y.S.3d 234, 69 N.E.3d 1030 [2016] ).

The testimony at trial established that, Alex Krawczyk, a state trooper, was asked to report to an address located on Hall Road in the Town of Veteran, Chemung County (hereinafter the property) to assist in investigating a report of a stolen go-cart. Krawczyk testified that, at the property, there was a primary residence as well as two barns. Krawczyk explained that one of the barns was closer to the residence and the road and that the other barn was further away from both the residence and the road. When Krawczyk first arrived at the property, he parked in front of the residence and did not see anyone, but after looking around, he saw defendant, who was talking to a police officer also investigating the missing go-cart, standing in front of the barn furthest from the road and the residence (hereinafter the barn). When Krawczyk joined the conversation, defendant verified that there was a go-cart in the barn and invited Krawczyk and the other police officer into the barn to look at the go-cart.

While in the barn, Krawczyk, who was "trained to identify possible meth-making materials and possible meth labs," saw items that he believed to be associated with the manufacture of methamphetamine, including cut lithium batteries, and a plastic bottle with brownish fluid inside that looked like exposed chemicals and a one-pot production of methamphetamine. After viewing these items, Krawczyk called Kevin Backer, another state trooper who was a member of the Contaminated Crime Scene Emergency Response Team, and requested that he come to the property. Krawczyk testified that it took Backer approximately 1½ hours to arrive and that, while he and the other police officer waited for Backer, they let defendant go back to work replacing some timber and meandering around the property. Krawczyk testified that defendant, who was not handcuffed or detained in any way, was usually within eyesight and that he sometimes went into the barn.

Backer testified that, upon his arrival, he looked around the barn and observed several items consistent with the manufacture of methamphetamine, including the battery casings on the floor and a bottle of acid. Backer testified that he then called and requested a team to come to the property to assist with a search. Krawczyk testified that, after Backer called for assistance, Krawczyk detained defendant in his troop car and then proceeded to make contact with defendant's father, mother and brother, who were all in the residence. During this time, defendant's father, who owned the property, gave verbal and written consent to search the property, including the barn. Backer testified regarding the search and all of the items of contraband that were seized from the barn as a result. In addition, Krawczyk testified that, after obtaining consent to search from defendant's father, he brought defendant to the State Police barracks where defendant was interviewed and ultimately signed a written statement. During the interview, Krawczyk learned that defendant lived at the property on and off and that the Hall Road address was listed as his mailing address. Krawczyk also testified that defendant informed him that he worked in the barn and had full access to it.

Viewing the evidence in a light most favorable to the People, we find that the testimony that defendant lived on the property, listed it as his mailing address, worked in the barn and was familiar enough to know that a go-cart was inside the barn provided legally sufficient evidence that defendant exercised dominion and control over the barn where the contraband was found such that he constructively possessed the contraband (see People v. Victor, 139 A.D.3d at 1106, 31 N.Y.S.3d 257 ; People v. Miller, 13 A.D.3d 890, 891, 786 N.Y.S.2d 650 [2004] ). As to weight of the evidence, it would not have been unreasonable for the jury to have acquitted defendant, as it could have found that defendant did not have dominion or control over the barn because the testimony revealed that other people had access to the barn (see People v. Graham, 138 A.D.3d 1242, 1243, 29 N.Y.S.3d 656 [2016], lv denied 28 N.Y.3d 930, 40 N.Y.S.3d 358, 63 N.E.3d 78 [2016] ). However, viewing the foregoing evidence in a neutral light and deferring to the jury's credibility determinations, we do not find that the verdict is against the weight of the evidence (see People v. Cochran, 140 A.D.3d 1198, 1200, 34 N.Y.S.3d 189 [2016], lvs denied 28 N.Y.3d 970, 43 N.Y.S.3d 257, 258, 66 N.E.3d 3, 4 [2016] ; People v. Graham, 138 A.D.3d at 1243, 29 N.Y.S.3d 656 ).

To the extent that defendant is arguing that County Court erred in refusing to suppress his written statement, we disagree. Where a defendant is read his or her rights from a preprinted card prior to any questioning, a "defendant's unambiguous acknowledgment that he [or she] understood his [or her] rights and subsequent participation in answering ... questions constitute[s] an implicit waiver of his [or her] Miranda rights" ( People v. Green, 141 A.D.3d 1036, 1038 36 N.Y.S.3d 312 [2016], lv denied 28 N.Y.3d 1072, 47 N.Y.S.3d 231, 69 N.E.3d 1027 [2016] ; compare People v. Adames, 121 A.D.3d 507, 512, 994 N.Y.S.2d 334 [2014] ). However, "where an improper, unwarned statement gives rise to a...