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January 17, 2010

New York Criminal Possession Of A Controlled Substance- Constructive Possession

By Michael H. Joseph

As a New York criminal defense attorney, Michael Joseph has handled numerous drug cases. Many times where drugs are found in a vehicle or an apartment, the police may charge everyone present.

To establish constructive possession, the State must prove that the defendant knowingly exercised “dominion and control” over the property by a sufficient level of control over the area in which the contraband was found.Constructive possession may also can be demonstrated by a defendant’s presence under a particular set of circumstances” from which a jury may infer possession.

Recently the First Department upheld a conviction where the Defendant was convicted of criminal possession of a controlled substance in the second degree after crack cocaine was found in a hidden compartment of a minivan that was driven, but not owned, by defendant. The Court held that the State proved possession because the defendant had actual possession of the vehicle and keys, and that he was the sole occupant and driver.

If you are facing a drug charge in New York or Westchester, you need an experienced New York criminal defense lawyer with experience in defending drug charges.

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