People v. Manini

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before CALLAHAN
• Citation: People v. Manini, 572 N.Y.S.2d 137, 174 A.D.2d 978 (N.Y. App. Div. 1991)
• Decision Date: 07 June 1991
• Parties: PEOPLE of the State of New York, Appellant, v. Jaime MANINI, Respondent.

Page 137

572 N.Y.S.2d 137

174 A.D.2d 978

PEOPLE of the State of New York, Appellant, v. Jaime MANINI, Respondent.

Supreme Court, Appellate Division, Fourth Department.

June 7, 1991.

Steven M. Chananie, White Plains, for appellant.

Salvatore Piemonte by James Kousouros, Syracuse, for respondent.

Before CALLAHAN, J.P., and DOERR, BOOMER, GREEN and BALIO, JJ.

MEMORANDUM:

County Court properly dismissed counts 37 and 38 of the indictment. The evidence before the Grand Jury was legally insufficient to establish that defendant, while in California, was in constructive possession of cocaine physically possessed by another person in New York or that defendant was liable as an accessory to the possession of cocaine in New York (see, People v. Jennings, 69 N.Y.2d 103, 115, 512 N.Y.S.2d 652, 504 N.E.2d 1079; People v. Patel, 132 A.D.2d 498, 502, 518 N.Y.S.2d 384, amended, 133 A.D.2d 38, 518 N.Y.S.2d 384, lv. denied, 70 N.Y.2d 935, 524 N.Y.S.2d 687, 519 N.E.2d 633; People v. Ballard, 133 Misc.2d 584, 587-589, 507 N.Y.S.2d 572).

Order unanimously affirmed.