Majority
p. 971The People of the State of New York, Respondent, v Margaret Johnson, Appellant. [656 NYS2d 1003]
Judgment unanimously affirmed. Memorandum: The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620 , 621), is sufficient to establish defendant’s constructive possession of the cocaine seized from 247A Langfield Drive (see, People v Myrick, 203 AD2d 902 ; People v Campbell, 187 AD2d 945 , lv denied 81 NY2d 786 ; People v Fuller, 168 AD2d
p. 972
972 , 973, lv denied 78 NY2d 922 ). The lease, telephone bill and letter were properly admitted for the limited purpose of linking defendant to that address (see, People v Boswell, 167 AD2d 928 , lv denied 77 NY2d 876 , lv dismissed 81 NY2d 785 ). County Court also properly admitted the response of defendant to routine booking questions regarding her residence (see, People v Rodney, 85 NY2d 289 , 293). We reject the contention that prosecutorial misconduct deprived defendant of a fair trial. (Appeal from Judgment of Erie County Court, McCarthy, J.—Criminal Possession Controlled Substance, 4th Degree.) Present—Green, J. P., Lawton, Callahan, Boehm and Fallon, JJ.
Cases cited
- People v. Contes 60 NY2d 620 at 621 p. 971
- People v. Myrick 203 AD2d 902 p. 971
- People v. Campbell 187 AD2d 945 p. 971
- People v. Boswell 167 AD2d 928 p. 972
- People v. Rodney 85 NY2d 289 at 293 p. 972