People v. Watson, 436 N.E.2d 190 (N.Y. 1982). · Go Syfert
People v. Watson, 436 N.E.2d 190 (N.Y. 1982). Cases Citing This Book View Copy Cite
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  • People v. Santana (Jose), No. 570222/17 (N.Y. App. Term. June 21, 2023).unpublished
    This supports an inference that defendant had constructive possession, i.e. "dominion and control" of the drugsand paraphernalia (Penal Law § 10.00[8]; see People v Cruz , 111 AD3d 453 [2013], lv denied 22 NY3d 1040 [2013]; People v Skyles…
Other citing cases3 with no pin cite or quoted language on record
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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
New York Court of Appeals.
Apr 7, 1982.
Published opinion
436 N.E.2d 190
1982 N.Y. LEXIS 3299
APPEARANCES OF COUNSEL, Thomas P. Burke for Starkey Watson, appellant., Joy Phillips for Jeffrey Hamilton, appellant., Mario Merola, District Attorney (Alan D. Kaplan and Billie Manning of counsel), for respondent.
Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg Concur Judge Meyer Taking No Part.
Cited by 30 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be affirmed.

The record reflects ample evidence to support defendants’ convictions for criminal possession of a weapon in[*634] 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.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur; Judge Meyer taking no part.

In each case: Order affirmed in a memorandum.