People v. Sandobar

Citation191 A.D.2d 375,595 N.Y.S.2d 197
PartiesThe PEOPLE of the State of New York, Respondent, v. Juan SANDOBAR, Defendant-Appellant.
Decision Date25 March 1993
CourtNew York Supreme Court Appellate Division

Before MILONAS, J.P., and ROSENBERGER, WALLACH and ROSS, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered November 6, 1991, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender to a term of 10 to 20 years, unanimously affirmed.

Defendant was detained for investigative purposes and a transmitter seized from him when he was observed by an undercover officer using the transmitter to warn the occupants of a nearby apartment of approaching police. Defendant was arrested after police established a definite connection between the transmitter and the receiver in the apartment. In excess of five ounces of cocaine were recovered from the apartment, and a substantial sum of cash, along with a beeper, were recovered from defendant. It was also established that defendant possessed a key to the apartment on occasions prior to the police raid.

Viewing the evidence in a light most favorable to the People, defendant's guilt was proved by the overwhelming evidence that he acted as a steerer, lookout, and intermittent bodyguard for a cocaine selling ring operating out of the apartment. We reject defendant's contention that his role, if any, was too marginal to support the verdict of criminal possession, and that, at most, he was guilty only of criminal facilitation. Persons who act as lookouts (People v. Williams, 172 A.D.2d 448, 568 N.Y.S.2d 797, affd., 79 N.Y.2d 803, 580 N.Y.S.2d 188, 588 N.E.2d 86), steerers (People v. Tention, 162 A.D.2d 355, 556 N.Y.S.2d 914, lv. denied, 76 N.Y.2d 991, 563 N.Y.S.2d 780, 565 N.E.2d 529), and bodyguards (People v. Festo, 96 A.D.2d 765, 463 N.Y.S.2d 444, affd., 60 N.Y.2d 809, 469 N.Y.S.2d 699, 457 N.E.2d 806), especially when they possess keys to premises where drugs are found (People v. Armstrong, 160 A.D.2d 206, 553 N.Y.S.2d 169), have been found to exercise the dominion and control over the drugs (Penal Law § 10.00[8], § 20.00) necessary to satisfy the evidentiary burden of criminal possession (Penal Law § 220.16[1]. This is despite the fact that another may have exercised greater control (People v. Caraballo, 176 A.D.2d 669, 575 N.Y.S.2d 320, lv. denied, 79 N.Y.2d 854, 580 N.Y.S.2d 726, 588 N.E.2d 761), or that the defendant was never in actual possession of the drugs (People v. Hodge, 141 A.D.2d 843, 845, 530 N.Y.S.2d 184, lv. denied, 72 N.Y.2d 1046, 534 N.Y.S.2d 945, 531 N.E.2d 665).

Nor is there merit to defendant's contention that the evidence seized from his person should have been suppressed because he never should have been approached by the police at all. The initial stop and investigative detention were justified by the officer's observations and prior knowledge, which supported a well-founded concern for the safety of the policy entry team, and the exigencies inherent in the rapidly developing...

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4 cases
  • People v. Fonseca
    • United States
    • New York Supreme Court — Appellate Division
    • 13 Octubre 1994
    ...he would effectuate the sale; he possessed a key to the front door of the building, in which he did not reside (see, People v. Sandobar, 191 A.D.2d 375, 595 N.Y.S.2d 197, lv. denied 81 N.Y.2d 1080, 601 N.Y.S.2d 600, 619 N.E.2d 678); and he directed the undercover officer to remain outside w......
  • People v. Encarnacion
    • United States
    • New York Supreme Court — Appellate Division
    • 25 Marzo 1993
  • People v. Thomas
    • United States
    • New York Supreme Court — Appellate Division
    • 9 Junio 1994
    ...was sufficient for the jury to conclude that defendant had dominion and control over the cocaine at issue (see, People v. Sandobar, 191 A.D.2d 375, 595 N.Y.S.2d 197, lv. denied 81 N.Y.2d 1080, 601 N.Y.S.2d 600, 619 N.E.2d 678), and legally sufficient to establish the contested element of po......
  • People v. Sandobar
    • United States
    • New York Court of Appeals Court of Appeals
    • 8 Junio 1993
    ...601 N.Y.S.2d 600 81 N.Y.2d 1080, 619 N.E.2d 678 People v. Sandobar (Juan) Court of Appeals of New York June 08, 1993 Smith, J. 191 A.D.2d 375, 595 N.Y.S.2d 197 App.Div. 1, New York Denied. ...

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