People v. Leduc

• Decision Date: 09 June 2016
• Citation: 34 N.Y.S.3d 208,2016 N.Y. Slip Op. 04466,140 A.D.3d 1305
• Parties: The PEOPLE of the State of New York, Respondent, v. Claude Y. LEDUC, Appellant.
• Court: New York Supreme Court — Appellate Division

140 A.D.3d 1305

34 N.Y.S.3d 208

2016 N.Y. Slip Op. 04466

The PEOPLE of the State of New York, Respondent,

v.Claude Y. LEDUC, Appellant.

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

June 9, 2016.

Martin J. McGuinness, Saratoga Springs, for appellant.

Andrew J. Wylie, District Attorney, Plattsburgh (Jaime A. Douthat of counsel), for respondent.

Before: GARRY, J.P., EGAN JR., LYNCH, CLARK and MULVEY, JJ.

LYNCH

, J.

Appeal from a judgment of the County Court of Clinton County (Ryan, J.), rendered January 15, 2014, upon a verdict convicting defendant of the crimes of criminal possession of a controlled substance in the fourth degree, criminal possession of a controlled substance in the seventh degree and conspiracy in the fourth degree.

In the early morning hours of October 20, 2012, defendant and Danny Spear were on Spear's property when police officers driving by noticed smoke coming from a shed on the property. Upon the officers' arrival, Spears exited the shed, which contained materials commonly used in the manufacture of methamphetamine, as well as substances containing methamphetamine. After a brief search of the area, defendant was discovered in the driver's seat of his Pontiac Grand Prix, which was parked approximately 15 feet from the shed. In his car the officers found two vials of morphine

in defendant's coat pocket and two bottles of drain cleaner, commonly used in the manufacture of methamphetamine.

Following a jury trial, defendant was convicted of criminal possession of a controlled substance in the fourth degree for possessing one-half ounce or more of methamphetamine, criminal possession of a controlled substance in the seventh degree for possession of morphine and conspiracy in the fourth degree for conspiring to possess one-half ounce or more of methamphetamine. County Court sentenced him to 4 ½ years in prison to be followed by two years of postrelease supervision for his conviction of criminal possession of a controlled substance in the fourth degree, to be served concurrently with a six-month jail term for his conviction of criminal possession of a controlled substance in the seventh degree and a prison term of 1 to 3 years for his conviction of conspiracy in the fourth degree; these sentences were to be served consecutively to a separate two-year prison term for criminal possession of marihuana in the second degree. Defendant now appeals, arguing that the verdict was not supported by legally sufficient evidence and was against the weight of the evidence and that his sentence was harsh and excessive.¹

We affirm. Although Spear was defendant's accomplice, defendant could be convicted on the basis of Spear's testimony if it was supported “ ‘by corroborative evidence tending to connect the defendant with the commission of [the charged] offense[s]’ ” (People v. Godallah, 132 A.D.3d 1146, 1149, 19 N.Y.S.3d 119 [2015]

, quoting CPL 60.22[1] ). It is not necessary that the corroborating evidence prove that defendant committed the charged crimes, rather the evidence is sufficient “if it tends to connect the defendant with the commission of the crime[s] in such a way as may reasonably satisfy the jury that the accomplice is telling the truth” (People v. Reome, 15 N.Y.3d 188, 191–192, 906 N.Y.S.2d 788, 933 N.E.2d 186 [2010] [internal quotation marks and citation omitted]; see

People v. Myrick, 135 A.D.3d 1069, 1070, 22 N.Y.S.3d 691 [2016] ).

At trial, Spear testified that defendant was inside the shed with him, that they manufactured and smoked methamphetamine together before the police officers arrived on October 20, 2012 and that, immediately before the officers arrived, defendant ran from the shed to his car. Spear's testimony was corroborated by the trial testimony of two police officers who, when they initially drove by Spear's property, saw two men standing near the doorway of the shed and, after searching the area near the shed, found defendant in his vehicle with the bottles of drain cleaner in the back seat. Taken together with the contents of the shed, the early hour and defendant's implausible explanation to police that he had just arrived and was taking a nap, this evidence was sufficient to corroborate Spear's testimony (see People v. Moses, 63 N.Y.2d 299, 307, 482 N.Y.S.2d 228, 472 N.E.2d 4 [1984]

; People v. Rodriguez, 52 A.D.3d 1047, 1048, 860 N.Y.S.2d 284 [2008] ; People v. Patchen, 46 A.D.3d 1112, 1113, 847 N.Y.S.2d 745 [2007], lv. denied 10 N.Y.3d 814, 857 N.Y.S.2d 48, 886 N.E.2d 813 [2008] ).

When viewed in the light most favorable to the People, we find that the evidence was legally sufficient to support defendant's conviction of criminal possession of a controlled substance in the fourth degree. Constructive possession of a controlled substance occurs where “the defendant exercised ‘dominion or control’ over the [contraband] by a sufficient level of control over the area in which the contraband [was] found” (People v. Manini, 79 N.Y.2d 561, 573, 584 N.Y.S.2d 282, 594 N.E.2d 563 [1992]

, quoting Penal Law § 10.00[8] ; see

People v. Turner, 27 A.D.3d 962, 963, 811 N.Y.S.2d 232 [2006] ). Defendant's proximity to the shed, his possession of the drain cleaner and the timing of events, coupled with Spear's testimony, provided a reasoned basis for the jury to conclude that defendant constructively possessed the more than one-half ounce of a substance containing methamphetamine recovered from Spear's shed (see Penal Law §§ 10.00[8]

; 220.09[2]; People v. Crooks, 129 A.D.3d 1207, 1208–1209, 11 N.Y.S.3d 709 [2015], lv. granted 26 N.Y.3d 966, 18 N.Y.S.3d 602, 40 N.E.3d 580 [2015] ; People v. Sawyer, 23 A.D.3d 845, 846, 804 N.Y.S.2d 142 [2005]

, lv. denied 6 N.Y.3d 852, 816 N.Y.S.2d 758, 849 N.E.2d 981 [2006] ). As an agreement can be inferred “by circumstances indicating that defendant engaged in a common effort or acted in concert with others to achieve a common goal,” this evidence was also legally sufficient to support the conviction of conspiracy in the fourth degree by demonstrating that defendant entered into an agreement with another to engage in conduct constituting the class C felony of criminal possession of a controlled substance in the fourth degree, i.e., the possession of one-half ounce or more of a substance containing methamphetamine (People v. Parsons, 275 A.D.2d 933, 934, 714 N.Y.S.2d 182 [2000], lv. denied 95 N.Y.2d 937, 721 N.Y.S.2d 613, 744 N.E.2d 149 [2000], cert. denied 532 U.S. 998, 121 S.Ct. 1662, 149 L.Ed.2d 644 [2001] [internal quotation marks and citation omitted]; see Penal Law §§ 105.10[1] ; 220.09[2]; People v. Harris, 288 A.D.2d 610, 618, 732 N.Y.S.2d 664 [2001], affd. 99 N.Y.2d 202, 753 N.Y.S.2d 437, 783 N.E.2d 502 [2002] ). With regard to the weight of...