New York Court of Appeals, 1980

People v. Robertson

New York Court of Appeals · Decided January 3, 1980 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur in Memorandum

48 N.Y.2d 993; 401 N.E.2d 903; 425 N.Y.S.2d 545; 1980 N.Y. LEXIS 2047

Cases that cite this one

32 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Williams (Appellate Division of the Supreme Court of New York 2019)
People v. Moses (Appellate Division of the Supreme Court of New York 2019)
People v. Grasso (Appellate Division of the Supreme Court of New York 2018)
People v. Hardy (New York County Courts 2013)
People v. Morales (Appellate Division of the Supreme Court of New York 1998)
People v. Jose (Appellate Division of the Supreme Court of New York 1998)
People v. Mato (Appellate Division of the Supreme Court of New York 1995)
People v. Humphrey (Appellate Division of the Supreme Court of New York 1995)
People v. Myrick (Appellate Division of the Supreme Court of New York 1994)
People v. Gomez (Appellate Division of the Supreme Court of New York 1993)
People v. Rosenholm (Appellate Division of the Supreme Court of New York 1992)
People v. Hill (Appellate Division of the Supreme Court of New York 1992)
People v. Rodriguez (Criminal Court of the City of New York 1992)
People v. Cintron (Appellate Division of the Supreme Court of New York 1991)
People v. Singleton (Appellate Division of the Supreme Court of New York 1991)
People v. Pearson (N.Y. 1990)
People v. Morales (Appellate Division of the Supreme Court of New York 1990)
People v. Rowell (Appellate Division of the Supreme Court of New York 1990)
People v. Rosa (Appellate Division of the Supreme Court of New York 1989)
People v. Dawkins (Appellate Division of the Supreme Court of New York 1988)
People v. Headley (Appellate Division of the Supreme Court of New York 1988)
People v. Luper (Appellate Division of the Supreme Court of New York 1988)
People v. Martes (Criminal Court of the City of New York 1988)
People v. Pagan (Appellate Division of the Supreme Court of New York 1987)
People v. Torres (N.Y. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed. We agree with the Appellate Division that the evidence indicating that defendant had control over the apartment was sufficient to support the conclusion reached by the jury that defendant constructively possessed the heroin (valued at $30,000) and drug paraphernalia located in the otherwise empty apartment. In light of the condition of the apartment and its contents, defendant’s manner of entry, combined with his possession of the key, the rent receipts and the realtor’s business card permitted the jury to find that the defendant had been in the apartment before and sufficed to prove control in this case (see People y Phiefer, 43 NY2d 719; cf. People v Gambino, 35 NY2d 932). As to defendant’s challenge to the search warrant, we deem it unnecessary to consider the legality of the initial police entry into the apartment, since there existed sufficient independent support for the warrant in the police officer’s *995 testimony before the issuing court concerning the information provided by the landlord.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.