People v. Robertson

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: COOKE
• Citation: People v. Robertson, 425 N.Y.S.2d 545, 48 N.Y.2d 993, 401 N.E.2d 903 (N.Y. 1980)
• Decision Date: 03 January 1980
• Parties: , 401 N.E.2d 903 The PEOPLE of the State of New York, Respondent, v. Ronald ROBERTSON, Appellant.

Page 545

425 N.Y.S.2d 545

48 N.Y.2d 993, 401 N.E.2d 903

The PEOPLE of the State of New York, Respondent, v. Ronald ROBERTSON, Appellant.

Court of Appeals of New York.

Jan. 3, 1980.

Stanley Neustadter, New York City, for appellant.

Mario Merola, Dist. Atty. (David H. Fromm and Billie Manning, Asst. Dist. Attys., of counsel), for respondent.

OPINION OF THE COURT MEMORANDUM.

The order appealed from should be affirmed. We agree with the Appellate Division that the evidence indicating that defendant had control over the apartment was sufficient to support the conclusion reached by the jury that defendant constructively possessed the heroin (valued at $30,000) and drug paraphernalia located in the otherwise empty apartment. In light of the condition of the apartment and its contents, defendant's manner of entry, combined with his possession of the key, the rent receipts and the realtor's business card permitted the jury to find that the defendant had been in the apartment before and sufficed to prove control in this case (see People v. Phiefer, 43 N.Y.2d 719, 401 N.Y.2d 483, 372 N.E.2d 323; cf. People v. Gambino, 35 N.Y.2d 932, 365 N.Y.S.2d 164, 324 N.E.2d 546). As to defen...