Majority
p. 986The People of the State of New York, Appellant, v Carlos Fuente, Respondent.
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.
Cases cited
- People v. Jennings 69 NY2d 103 at 115 p. 986
- People v. Ballard 133 Misc 2d 584 at 589-590 p. 986