Court of Appeals of New York
People v. Diaz, 8
In this case, defendant, her children, and her children’s father, the co-defendant, were present in the same apartment when police entered and discovered various drug contents and drug paraphernalia. Defendant was thereafter convicted of seventh-degree criminal drug possession (heroin) and four counts of unlawfully dealing with a child. The judgment is affirmed, where: 1) there was sufficient evidence for the jury to conclude that defendant resided with the co-defendant and that they jointly exercised dominion and control over the area in which the contraband was found; and 2) defendant knowingly permitted children to remain on premises where she had every reason to know that illegal drug activity was taking place.
Appellate Information
- Decided 02/12/2015
- Published 02/12/2015
Judges
Court
- Court of Appeals of New York