People v. Headley
| Decision Date | 12 October 1989 |
| Citation | 547 N.Y.S.2d 827,547 N.E.2d 82,74 N.Y.2d 858 |
| Parties | , 547 N.E.2d 82 The PEOPLE of the State of New York, Appellant, v. Grafton HEADLEY, Respondent, et al., Defendants. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 143 A.D.2d 937, 533 N.Y.S.2d 562, should be affirmed.
We agree that the People's evidence was legally insufficient to establish defendant's constructive possession of either the narcotics or weapons found in the apartment where defendant was arrested, and that the trial order of dismissal was therefore properly granted (CPL 290.10[1]. The People presented no evidence of defendant's dominion and control over the contraband. Proof that the premises were used for drug dealing was not sufficient to establish that defendant himself was guilty of unlawful drug and weapons possession.
Order affirmed in a memorandum.
To continue reading
Request your trial
32 cases
-
Suren v. City of New York
...York, No. 04-CV-3299, 2007 WL 755190, at *5 (E.D.N.Y. Feb. 15, 2007); People v. Headley, 533 N.Y.S.2d 562, 563-64 (App. Div. 1988), aff'd 74 N.Y.2d 858 (1989)). Similarly, in McKnight, the court adopted the “knowledge requirement” and found that plaintiffs' residency in the apartment did no......
-
Coleman v. Cnty. of Nassau
...at *8-l 1 (S.D.N.Y. Mar. 6, 2013); People v. Headley, 143 A.D.2d 937, 938, 533 N.Y.S.2d 562, 563 (2ndDep't 1988) affd74 N.Y.2d 858, 547 N.E.2d 82, 547 N.Y.S.2d 827 (1989)). Applying the law of New York as it relates to possession of narcotics, the Court finds that, accepting Plaintiffs vers......
-
Chalmers v. Mitchell
...We disagree. Chalmers argues that People v. Headley, 143 A.D.2d 937, 533 N.Y.S.2d 562 (2d Dep't 1988), aff'd, 74 N.Y.2d 858, 547 N.Y.S.2d 827, 547 N.E.2d 82 (1989), requires a holding that there was legally insufficient evidence in this case. In Headley, the Appellate Division held that con......
-
People v. Cota
...N.Y.S.3d 211 [2018] ). A defendant's mere presence in an apartment where the contraband is discovered (see People v. Headley, 74 N.Y.2d 858, 859, 547 N.Y.S.2d 827, 547 N.E.2d 82 [1989] ; People v. Yerian, 163 A.D.3d 1045, 1047, 78 N.Y.S.3d 814 [2018] ; People v. Edwards, 206 A.D.2d 597, 597......
Request a trial to view additional results