People v. Watson

Decision Date07 April 1982
Citation450 N.Y.S.2d 784,56 N.Y.2d 632,436 N.E.2d 190
Parties, 436 N.E.2d 190 The PEOPLE of the State of New York, Respondent, v. Starkey WATSON, Appellant. The PEOPLE of the State of New York, Respondent, v. Jeffrey HAMILTON, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The orders of the Appellate Division should be affirmed, 81 A.D.2d 757, 439 N.Y.S.2d 226; 79 A.D.2d 894, 435 N.Y.S.2d 617.

The record reflects ample evidence to support defendants' convictions for criminal possession of a weapon in the first degree. Defendants admitted living in the apartment where the hand grenade simulator was found, and both hung their clothes in the bedroom where the simulator was discovered. In addition, a photograph of defendant Hamilton was found in the same suitcase in which the grenade simulator was located. Therefore, it was not error for the courts below to have found that defendants exercised sufficient dominion and control to be deemed in possession of the simulator (see Penal Law, § 10.00, subd. 8).

Those of defendants' other contentions that are preserved are without merit.

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG, JJ., concur.

MEYER, J., taking no part.

In each case: Order affirmed in a memorandum.

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27 cases
  • Nevins v. Giambruno
    • United States
    • U.S. District Court — Western District of New York
    • 29 Enero 2009
    ...N.Y.S.2d 909). Constructive possession can be proved by evidence establishing dominion or control. See, e.g., People v. Watson, 56 N.Y.2d 632, 450 N.Y.S.2d 784, 436 N.E.2d 190. Alternatively, in some cases, it may be proved by reliance on a statutory presumption which permits a jury to infe......
  • People v. Simon
    • United States
    • New York Supreme Court — Appellate Division
    • 1 Marzo 1985
    ...had exercised dominion or control over the apartment or of the area in which the explosives were found (see People v. Watson, 56 N.Y.2d 632, 450 N.Y.S.2d 784, 436 N.E.2d 190; People v. Cicero, 106 A.D.2d 901, 483 N.Y.S.2d 545). In that connection the officer who executed the warrant testifi......
  • People v. Francis
    • United States
    • New York Supreme Court — Appellate Division
    • 23 Abril 1991
    ...the area where the contraband is found (see, People v. Torres, 68 N.Y.2d 677, 505 N.Y.S.2d 595, 496 N.E.2d 684; People v. Watson, 56 N.Y.2d 632, 450 N.Y.S.2d 784, 436 N.E.2d 190). While the defendant's dominion and control may be circumstantially demonstrated, it is by now well-established ......
  • People v. Williams
    • United States
    • New York Supreme Court
    • 22 Julio 1988
    ...N.Y.S.2d 909). Constructive possession can be proved by evidence establishing dominion or control (see, e.g., People v. Watson, 56 N.Y.2d 632, 450 N.Y.S.2d 784, 436 N.E.2d 190; People v. Vasquez, 142 A.D.2d 698, 530 N.Y.S.2d 601) or, in some cases, by reliance on a statutory presumption whi......
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