People v. Cullen, 50 N.Y.2d 168 (1980)
For the crime of criminal possession of a controlled substance, jurisdiction requires that knowledge and possession occur simultaneously; the element of knowledge cannot occur before possession for the purpose of establishing jurisdiction.
Summary
Paul Cullen was convicted of criminal possession of a controlled substance. The Appellate Division reversed, holding that Nassau County lacked jurisdiction because the drug sale occurred in New York County. The Court of Appeals reversed and remitted, holding that evidence existed for the jury to find jurisdiction based on possession in a vehicle traveling through multiple counties. The court clarified that while a jury could find jurisdiction if the location of the crime was unknown and the crime occurred in a vehicle traveling through multiple counties, as per CPL 20.40(4)(g), the jury instructions were deficient, and also clarified that intent to possess formed in one county cannot confer jurisdiction if possession occurred in another. The court also noted that the defendant’s admission of guilt should have been suppressed because he was not provided counsel, because the defendant was arrested pursuant to an arrest warrant.
Facts
A confidential informant contacted Paul Cullen to purchase peyote. The informant and an undercover officer drove to Cullen’s Nassau County home, picked him up, and proceeded to New York County for the sale. In New York County, the officer paid Cullen for the drugs, and Cullen obtained the drugs. The three men then returned to Nassau County.
Procedural History
Cullen was indicted in Nassau County for criminal sale and possession of a controlled substance. His motion to dismiss for lack of jurisdiction was denied. The jury found him guilty of second-degree criminal possession but not guilty of the other charges. The Appellate Division reversed the conviction, finding that Nassau County lacked jurisdiction because the sale occurred in New York County. The People appealed to the New York Court of Appeals.
Issue(s)
- Whether sufficient evidence existed for the jury to find that Nassau County had geographical jurisdiction over the offense of criminal possession of a controlled substance.
Holding
- Yes, because there was evidence presented at trial that the defendant possessed the drugs in a private vehicle during a trip extending through both New York County and Nassau County.
Court’s Reasoning
The Court of Appeals held that the Appellate Division erred in finding no evidence to support Nassau County’s jurisdiction. The informant testified that the drugs were passed around in the car during the return trip to Nassau County, and the defendant had possession of them at one point. Therefore, the jury could have found that the offense of possession occurred in a vehicle traveling through multiple counties, satisfying CPL 20.40(4)(g). The court clarified the standard for CPL 20.40(4)(g), noting that its use is only appropriate when the location of the crime is unknown, in accordance with People v. Moore. The court emphasized that the trial court’s charge on jurisdiction, although potentially erroneous, became the law of the case because the defendant did not object. Regarding the element of intent, the court stated that for possession crimes, “knowledge” and “possession” must occur simultaneously. The court found the defendant’s admission of guilt inadmissible, stating that “a defendant cannot waive his rights in the absence of counsel after being arrested pursuant to an arrest warrant,” citing People v. Samuels. The case was remitted to the Appellate Division to determine whether the jury’s finding of jurisdiction was against the weight of the evidence. The court concluded that if jurisdiction is sustained, the defendant is entitled to a new trial due to the inadmissible confession.