State v. Williams

• Decision Date: 14 October 2008
• Docket Number: No. 27628.,27628.
• Citation: 956 A.2d 1176,110 Conn.App. 778
• Parties: STATE of Connecticut v. Corey WILLIAMS.
• Court: Connecticut Court of Appeals

956 A.2d 1176

110 Conn.App. 778

STATE of Connecticut v. Corey WILLIAMS.

No. 27628.

Appellate Court of Connecticut.

Argued June 2, 2008.

Decided October 14, 2008.

David B. Rozwaski, special public defender, for the appellant (defendant).

Timothy J. Sugrue, senior assistant state's attorney, with whom, on the brief, were David I. Cohen, state's attorney, and Suzanne Vieux, assistant state's attorney, for the appellee (state).

FLYNN, C.J., and BEACH and DUPONT, Js.

DUPONT, J.

The defendant, Corey Williams, appeals from the judgment of conviction, rendered after a jury trial, of possession of narcotics with intent to sell in violation of General Statutes § 21a-277(a) and interfering with an officer in violation of General Statutes § 53a-167a.¹ The defendant claims that the evidence adduced at trial was insufficient to support his conviction.² We disagree. Accordingly, we affirm the judgment of the trial court.

The jury reasonably could have found the following facts. In the early morning hours of October 19, 2004, Russell Fallow, a sergeant with the Norwalk police department, was driving a police car and patrolling the buildings on Westport Avenue, near Lois Street, in Norwalk. At approximately 2 a.m., he observed a set of taillights of a car on Lois Street in the vicinity of the Alden O. Sherman Company building, which he knew was not open at that hour. Because this particular company had reported problems with property damage, trespassing and the presence of narcotics transactions in its parking area, Fallow drove toward the vehicle to investigate further. Fallow then observed another vehicle in the parking area of the company. Fallow ended his pursuit of the first vehicle and made his way toward the second vehicle. As he approached the second vehicle, it began to exit the parking area. Fallow blocked the car from exiting with his cruiser in order to conduct a motor vehicle stop.

Once the car came to a stop, Fallow put his spotlight on the vehicle and approached the driver to request his driver's license, motor vehicle registration and an insurance card. He saw a male in the front passenger seat and another male, the defendant, in the backseat, behind the front seat passenger. All three men appeared to be "nervous" and "fidgety." Fallow asked the driver why he was on the property. The driver stated that he was there to pick up his uncle, indicating the defendant. The defendant, however, stated that he was not the uncle of the driver. The driver was unable to provide Fallow with a license, but he did provide Fallow with his motor vehicle registration. Fallow advised the three men to keep their hands visible.

Fallow returned to his vehicle to check the information given to him. He also called for backup assistance because he thought that things appeared to be amiss. Fallow kept his eyes on the vehicle during this time and did not observe any furtive movements by the occupants. Kenneth Arrington, a Norwalk police officer, arrived on the scene within minutes. Arrington also did not observe any furtive movements by the occupants as he positioned himself outside of the vehicle. Arrington noted that when he approached the vehicle, the defendant was seated on the driver's side of the backseat. This testimony differed from that of Fallow, as previously stated, who testified that the defendant was seated in the backseat, behind the front seat passenger.³

After Arrington arrived, Fallow approached the vehicle again and informed the occupants that they were going to be arrested for trespassing. The occupants were removed from the vehicle one by one. The defendant exited from the backseat on the driver's side of the vehicle. Once the defendant was removed from the vehicle, Arrington observed a substance, which he suspected to be cocaine, in plain view on the floor of the backseat, behind the front passenger seat. The suspected narcotics were in forty-three knotted bags and envelopes. Arrington also observed a small bag containing a substance suspected to be marijuana and money, in the amount of $15, in the same area. He believed that the narcotics could have been placed there by a front seat or a backseat passenger.

A further search of the vehicle revealed a bag of suspected marijuana in the console between the passenger's seat and the driver's seat and a cellular telephone and approximately $640 in small denominations under the driver's seat. A crack pipe was found on the front seat passenger's person. No cocaine or marijuana or incriminating evidence was found on the defendant's person. No evidence was introduced to show that the defendant was a user of narcotics.

Fallow advised the occupants that there were going to be additional charges. The defendant identified himself to Fallow as Zeke Williams and also gave the same identification at the police station where he provided the holding facility officer with his correct social security number, address, race, eye color, hair color and birthplace. Through the use of the social security number and an electronic database, the holding facility officer in less than ten minutes was able to determine the defendant's actual identity to be Corey Williams, not Zeke Williams.

Jerry Hart, an analytical chemist with the controlled substances-toxicology laboratory of the department of public safety, tested nine of the forty-three items of evidence submitted to him, pursuant to the laboratory's policy. One item was found to be marijuana. The other eight items tested positive for various forms of cocaine.

At the close of the state's evidence, the defendant moved for a judgment of acquittal as to all charged offenses on the ground that the evidence did not permit a finding of guilty beyond a reasonable doubt. The court denied the defendant's motion. Thereafter, the jury found the defendant guilty of possession of narcotics with intent to sell and interfering with an officer, and not guilty of possession of marijuana. Following the verdict, the defendant renewed his motion for a judgment of acquittal as to the two charges of which he was convicted. The court denied the defendant's motion and sentenced him to a total effective term of ten years imprisonment and six years special parole.⁴

The defendant claims that the evidence introduced in support of his conviction of the two offenses was insufficient to support either of them.

As a preliminary matter, we set forth the applicable standard of review. "In reviewing the sufficiency of the evidence to support a criminal conviction we apply a two-part test. First, we construe the evidence in the light most favorable to sustaining the verdict. Second, we determine whether upon the facts so construed and the inferences reasonably drawn therefrom the [finder of fact] reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt." (Internal quotation marks omitted.) State v. Na'im B., 288 Conn. 290, 295-96, 952 A.2d 755 (2008). "In evaluating evidence, the [finder] of fact is not required to accept as dispositive those inferences that are consistent with the defendant's innocence." (Internal quotation marks omitted.) Id., at 296, 952 A.2d 755; see also State v. Silva, 285 Conn. 447, 454, 939 A.2d 581 (2008).

"While ... every element [must be] proven beyond a reasonable doubt in order to find the defendant guilty of the charged offense, each of the basic and inferred facts underlying those conclusions need not be proved beyond a reasonable doubt.... If it is reasonable and logical for the jury to conclude that a basic fact or an inferred fact is true, the jury is permitted to consider the fact proven and may consider it in combination with other proven facts in determining whether the cumulative effect of all the evidence proves the defendant guilty of all the elements of the crime charged beyond a reasonable doubt.... Moreover, [i]n evaluating evidence that could yield contrary inferences, the [jury] is not required to accept as dispositive those inferences that are consistent with the defendant's innocence.... As we have often noted, proof beyond a reasonable doubt does not mean proof beyond all possible doubt ... nor does proof beyond a reasonable doubt require acceptance of every hypothesis of innocence posed by the defendant that, had it been found credible by the [jury], would have resulted in an acquittal.... On appeal, we do not ask whether there is a reasonable view of the evidence that would support a reasonable hypothesis of innocence. We ask, instead, whether there is a reasonable view of the evidence that supports the jury's verdict of guilty." (Internal quotation marks omitted.) State v. Myers, 101 Conn.App. 167, 172-73, 921 A.2d 640, cert. granted on other grounds, 283 Conn. 906, 927 A.2d 919 (2007).

I

The defendant first claims that the state presented insufficient evidence to prove beyond a reasonable doubt that he possessed narcotic substances and that he intended to sell narcotics, the two elements of § 21a-277(a).⁵ We are not persuaded.

A

We turn first to the defendant's argument that the state presented insufficient evidence to prove beyond a reasonable doubt that he possessed narcotics, one of the two elements of § 21a-277(a). The second element is the intent to sell, which is discussed in part B.

"[T]o prove illegal possession of a narcotic substance, it is necessary to establish that the defendant knew the character of the substance, knew of its presence and exercised dominion and control over it.... Where ... the [narcotics were] not found on the defendant's person, the state must proceed on the theory of constructive possession, that is, possession without direct physical contact.... One factor that may be considered in determining whether a defendant is in constructive possession of narcotics is whether he is in possession of the premises where the narcotics are found.... Where the defendant is not in exclusive possession of the premises where...