People v. Rivera, 71 N.Y.2d 705 (1988)

When the evidence of constructive possession is entirely circumstantial, the prosecution must prove that the evidence is inconsistent with the defendant’s innocence and excludes to a moral certainty every other reasonable hypothesis.

Summary

Rivera was convicted of criminal possession of a controlled substance based on constructive possession of cocaine found in a car. The New York Court of Appeals reversed, finding the circumstantial evidence insufficient to prove beyond a reasonable doubt that Rivera exercised dominion and control over the drugs. The Court emphasized that the evidence did not exclude other reasonable hypotheses, particularly that someone else placed the drugs in the car without Rivera’s knowledge.

Facts

Rivera attended a meeting with his parole officer. He was followed by other parole officers after the meeting. Rivera approached the passenger side of a red Camaro where a woman was seated. Parole officers detained Rivera and searched the car. A package containing 100 vials of crack cocaine was found on the floor of the driver’s side. Rivera’s parole officer testified she had seen Rivera driving the Camaro a week prior. Rivera did not own the car, and it hadn’t been reported stolen. Rivera possessed the car’s registration and insurance card. The woman was in the car at the time of the arrest. Rivera was away from the car for two hours prior to his arrest.

Procedural History

Rivera was convicted of criminal possession of a controlled substance in the fourth degree at trial. The Appellate Division affirmed the conviction. The New York Court of Appeals reversed the Appellate Division’s decision and dismissed the indictment.

Issue(s)

1. Whether the evidence presented at trial was sufficient to establish beyond a reasonable doubt that Rivera constructively possessed the cocaine found in the red Camaro.

Holding

1. No, because the circumstantial evidence presented was not inconsistent with Rivera’s innocence and did not exclude to a moral certainty every other reasonable hypothesis.

Court’s Reasoning

The Court of Appeals emphasized that because the evidence was entirely circumstantial, the prosecution was required to prove that the evidence was inconsistent with Rivera’s innocence and excluded to a moral certainty every other reasonable hypothesis. The court found that the evidence failed to meet this standard. Although Rivera had been seen driving the car a week earlier, he wasn’t seen driving it on the day of the arrest. He did not own the car, and the keys were not in his possession. Moreover, the presence of another person in the car at the time of the arrest created a reasonable doubt as to whether Rivera had knowledge or control over the drugs. The court stated, “In fact, the evidence presented at trial is fully consistent with a finding that the woman or someone else had placed the cocaine in the car without the knowledge or participation of the defendant.” The Court reasoned that the evidence did not exclude the possibility that the cocaine was placed in the car without Rivera’s knowledge, thus failing to prove constructive possession beyond a reasonable doubt. The court relied on precedent such as People v. Giuliano, 65 N.Y.2d 766, 767-768 and People v. Benzinger, 36 NY2d 29, 32.