Opinion · Appellate Division of the Supreme Court of the State of New York
People v. Fuente
170 A.D.2d 986
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 1991-02-01
- Topic
- general
Order unanimously affirmed. Memorandum: County Court properly dismissed counts two and three of the indictment. The evidence before the Grand Jury was insufficient to establish defendant’s constructive possession of the contraband (see, People v Jennings, 69 NY2d 103, 115; People v Patel, 132 AD2d 498, 501-502, lv denied 70 NY2d 935; People v Ballard, 133 Misc 2d 584, 589-590). (Appeal from Order of Monroe County Court, Maloy, J.—Dismiss Indictment.) Present—Doerr, J. P., Boomer, Green, Pine and Davis, JJ.
Citator
UpLaw has not yet analyzed People v. Fuente. The absence of a flag is not a finding that it is good law.
Order unanimously affirmed. Memorandum: County Court properly dismissed counts two and three of the indictment. The evidence before the Grand Jury was insufficient to establish defendant’s constructive possession of the contraband (see, People v Jennings, 69 NY2d 103, 115; People v Patel, 132 AD2d 498, 501-502, lv denied 70 NY2d 935; People v Ballard, 133 Misc 2d 584, 589-590). (Appeal from Order of Monroe County Court, Maloy, J.—Dismiss Indictment.) Present—Doerr, J. P., Boomer, Green, Pine and Davis, JJ.