People v. Anderson
Opinion of the Court
The court’s instructions on accomplice liability and constructive possession, when viewed in their entirety, adequately conveyed to the jury that defendant could only be convicted of third-degree possession as an accomplice if he shared the codefendant’s specific intent to possess the drugs with the intent to sell them (see, People v Brooks, 217 AD2d 492 lv denied 86 NY2d 840; People v Capriles, 198 AD2d 57, lv denied 83 NY2d 870). Nor were the court’s hypothetical examples of constructive possession so similar to the facts herein as to warrant reversal (see, People v Brooks, supra; People v Wise, 204 AD2d 133, 134-135, lv denied 83 NY2d 973). Concur — Murphy, P. J., Sullivan, Wallach, Ross and Williams, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.