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PEOPLE, res, v. BERNARDO RODRIGUEZ, def-ap

10700. PEOPLE, res, v. BERNARDO RODRIGUEZ, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Rachel T. Goldberg of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), for res — Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered April 30, 2012, convicting defendant, after a jury trial, of criminal possession of marijuana in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him to an aggregate term of nine months, unanimously affirmed. The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50(5).

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10700. PEOPLE, res, v. BERNARDO RODRIGUEZ, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Rachel T. Goldberg of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Ellen Stanfield Friedman of counsel), for res — Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered April 30, 2012, convicting defendant, after a jury trial, of criminal possession of marijuana in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him to an aggregate term of nine months, unanimously affirmed. The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50(5).

The court properly instructed the jury on the subject of constructive possession (see Penal Law §10.00[8]). Following the Criminal Jury Instructions (CJI2d[NY] Possession— Physical and Constructive), the court charged that in order to prove that defendant exercised dominion and control over the marijuana and stun gun he was charged with possessing, and, therefore, that he constructively possessed them, the People were required to demonstrate that he “exercise[d] a level of control over the area in which the property is found… sufficient to give him… the ability to use or dispose of the property.” The court also instructed the jury on the knowledge element of each crime.

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