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Possession of a Controlled Substance May Be Proved Circumstantially/Permissible Inference that Possessors Know What They Possess

The Court of Appeals determined the accusatory instrument charging attempted criminal possession of a controlled substance was sufficient.  The police officer observed defendant drop a glass pipe which contained cocaine “residue.” The court noted that “possession of a controlled substance ‘may be proven circumstantially,’ and ‘possession suffices to permit the inference that possessors know what they possess.’ ”  People v Jennings, 256, CtApp 12-10-13

 

 

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THE MAJORITY AFFIRMED WITHOUT DISCUSSION; JUDGE RIVERA IN A DISSENTING OPINION JOINED BY JUDGE WILSON WOULD HAVE REVERSED ON INEFFECTIVE ASSISTANCE GROUNDS (CT APP). ​
COUNTY COURT PROPERLY RELIED ON THE RESULTS OF A HEARING BEFORE A JUDICIAL HEARING OFFICER TO DETERMINE AMOUNT OF RESTITUTION.
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