People v. Ortiz
| Decision Date | 14 April 2009 |
| Docket Number | 2006-01410. |
| Citation | 2009 NY Slip Op 03016,61 A.D.3d 779,877 N.Y.S.2d 175 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRACY ORTIZ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The defendant contends that the evidence was legally insufficient to sustain his convictions of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]), conspiracy in the second degree (Penal Law § 105.15), and criminal possession of a weapon in the third degree (three counts) (Penal Law § 265.02 (4)]), and that the verdict was against the weight of the evidence.
A defendant may constructively possess drugs if he has dominion or control over them as a result of his authority over the person who actually possesses them (see People v Manini, 79 NY2d 561, 573 [1992]). Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish that the defendant exercised dominion or control over the drugs as a result of his authority over the person who actually possessed the drugs, and thus was legally sufficient to establish that he was in constructive possession of the drugs beyond a reasonable doubt (see People v Manini, 79 NY2d at 573; People v Johnson, 54 AD3d 969, 971 [2008]). In addition, the evidence was legally sufficient to establish that the defendant entered into an agreement with others to commit a class A felony, and committed an overt act in furtherance thereof, establishing that he committed the crime of conspiracy in the second degree beyond a reasonable doubt. Moreover, the evidence was legally sufficient to support the defendant's convictions of criminal possession of a weapon in the third degree as the accomplice testimony was properly corroborated (see CPL 60.22 [1]). Further, the evidence, including the wiretapped conversations, was legally...
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