People v. Torres, 68 N.Y.2d 677 (1986)
Circumstantial evidence, such as being a named tenant, having keys, and exercising dominion and control over a premises, can establish constructive possession of contraband found within, even if the defendant is not physically present and others have access to the premises.
Summary
The New York Court of Appeals affirmed the defendant’s conviction for criminal possession of a controlled substance and other charges, holding that sufficient evidence existed to prove constructive possession. The evidence showed that the defendant was a named tenant on the lease of the apartment where drugs and paraphernalia were found, had keys to the apartment, and exercised dominion and control over it, even though he was in Puerto Rico when the contraband was discovered. The Court found that these circumstances provided a sufficient basis for the jury to conclude that the defendant had constructive possession, despite his absence and the possible presence of others in the apartment.
Facts
The defendant leased a luxury apartment with his girlfriend. Police seized methaqualone tablets, cocaine, narcotics paraphernalia, a gun, and ammunition from the apartment. The defendant had left for Puerto Rico the day before the seizure. The doorman saw the defendant 25-30 times in the month leading up to the seizure. The defendant had keys to the apartment. He left the apartment the morning of the seizure carrying a suitcase, leaving behind his safe, gun, and other effects. Upon arriving at a hotel in Puerto Rico, he provided the apartment address as his home address and called the doorman to inquire whether the marshal (who executed an eviction warrant) had “found anything.”
Procedural History
The defendant was convicted by a jury of criminal possession of a controlled substance in the first and seventh degrees, criminal use of drug paraphernalia in the second degree, and criminal possession of a weapon in the fourth degree. The Appellate Division affirmed the conviction without opinion. The defendant appealed to the New York Court of Appeals.
Issue(s)
Whether the evidence presented at trial was sufficient to establish that the defendant had constructive possession of the contraband seized from the apartment.
Holding
Yes, because the circumstantial evidence, including the defendant’s status as a named tenant, possession of keys, frequent presence at the apartment, and control over the premises, was sufficient for the jury to find constructive possession, even though he was absent and others may have had access.
Court’s Reasoning
The Court of Appeals held that the evidence was sufficient to satisfy the standard of proof in this circumstantial evidence case. The court emphasized that circumstances such as being a named tenant, having keys, and exercising dominion and control over a premises, even in absence, can establish constructive possession of contraband. The court cited People v. Robertson, 48 N.Y.2d 993 and People v. Diaz, 34 N.Y.2d 689 to support the proposition that constructive possession can be found even if the defendant is absent from the apartment or others have use of it. The court also stated that “possession, even if joint, is still possession” (citing People v. Tirado, 38 N.Y.2d 955). The court dismissed the defendant’s argument that the drugs belonged to others using the apartment, reasoning that the evidence sufficiently linked the defendant to the apartment and the contraband. The court also found no merit in the defendant’s contention that the jury instructions regarding constructive possession were erroneous, noting that he failed to object to any material departure from the standard charge at trial. The court concluded that the evidence linking defendant to the apartment and to the contraband sufficiently supported the verdict.