People v. King

• Decision Date: 09 August 1999
• Citation: People v. King, 693 N.Y.S.2d 243, 264 A.D.2d 428 (N.Y. App. Div. 1999)
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>KEVIN KING, Appellant.
• Court: New York Supreme Court — Appellate Division

264 A.D.2d 428

693 N.Y.S.2d 243

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.KEVIN KING, Appellant.

Decided August 9, 1999.

Altman, J. P., Friedmann, McGinity and Schmidt, JJ., concur.

Ordered that the judgment is affirmed.

The evidence established that the defendant was discovered in a fortified room with, among other things, 86 separately packaged bags of cocaine, $241 in United States currency, and a notebook containing records of drug transactions in plain view. The police had to gain access to the room through a metal door, which was barred from the inside, using a sledge hammer, pry bar, motorized saw with a 12-inch cutting blade, and a Hirsch tool (also known as "the jaws of life"). The only other means of exit was locked from the outside.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Under the circumstances, the only logical inference that could flow from the evidence was that the defendant was in constructive possession of the contraband by exercising dominion and control over the area where it was located (see, Penal Law § 10.00 [8]; People v Chalmars, 176 AD2d 239) and that the defendant possessed the cocaine with intent to sell (see, Penal Law § 220.16 [1]; People v Monroe, 186 AD2d 93; People v Vailes, 150 AD2d 406). Moreover, upon the exercise of our...