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1
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OPINION
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EXTRACTED KEY WORDS
EVIDENCE MANINI CONSTRUCTIVE POSSESSION FUENTE CRIMINAL POSSESSION CONTROLLED SUBSTANCE YORK ACCESSORIAL LIABILITY LEGALLY SUFFICIENT GRAND JURY SUPPORT INDICTMENT DRUGS PENAL LAW COCAINE PRINCIPLES DEFENDANT APPELLATE DIVISION APPELLANT RESPONDENT NARCOTICS NY2D SSM ALEXANDER LEGALLY INSUFFICIENT UNITED STATES COMMISSION STEVEN CHANANIE PRIMA FACIE |
THE PEOPLE &C., APPELLANT, v. JAIME MANINI, RESPONDENT. / THE PEOPLE &C.,
APPELLANT, v. CARLOS FUENTE, RESPONDENT.
79 N.Y.2d 561, 594 N.E.2d 563, 584 N.Y.S.2d 282 (1992).
March 31, 1992
4 No. 48
4 No. 47 SSM 13
Decided March 31, 1992
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
No. 48:
Steven Chananie, for Appellant.
James Kousouros, for Respondent.
SSM 13:
Submitted by Steven Chananie, for Appellant.
Submitted by John A. Cirando, for Respondent.
ALEXANDER, J.:
In these cases, we consider the extent to which the principles of
accessorial liability and constructive possession may support a
finding that evidence presented to a Grand Jury is legally sufficient
to establish a prima facie case of criminal possession of a controlled
substance. In both cases the trial court's dismissal of counts of the
indictments charging criminal possession of a controlled substance
were affirmed by the Appellate Division. The People were granted leave
to appeal in each case by a Judge of this Court. The legal principles
we apply are the same in both cases, but the significantly different
factual scenarios require an affirmance in People v Manini and a
reversal in People v Fuente.
The indictments in both cases resulted from investigations of the New
York State Organized Crime Task Force (OCTF) into the importation of
drugs into New York. In Manini, the investigation began in December
1987, and focused on drug trafficking in Onondaga and Cayuga counties.
In the course of its investigation, the OCTF discovered that Manini,
an un- indicted co-conspirator, Sanford Paige, and co-defendant
Vincent DeTomaso, along with several other parties, were involved in
the importation into and distribution of drugs within New York.
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